HB 128 Montana House · 2025 Regular Session

Protect volunteer emergency service providers from termination

HB 128 protects volunteer emergency service providers, such as firefighters and EMTs, from being terminated by their public or private employers. It prohibits employers from firing an employee solely for serving as a volunteer emergency provider, provided the employee notifies their employer of their volunteer status. If an employee is absent or late to work due to volunteer emergency service, they must notify their employer as soon as possible, and employers may request documentation of the emergency response. The bill clarifies that employees cannot claim regular pay for time spent on volunteer duties, and employers retain the right to determine if an employee can leave work to respond to an emergency. Employees whose employment is terminated in violation of these provisions may bring a civil action for remedies like reinstatement and back wages.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Apr 2025
Senate Passage
Apr 2025
Signed into Law
Apr 2025
Introduced Jan 7, 2025 Signed Apr 17, 2025
Maddy AI version diff · 4 comparisons

What changed between versions

HB0128_X(10).pdf HB0128_X(11).pdf · 5 edits
MODERATE
The bill was amended to clarify that the protections against wrongful termination apply to both public and private employers, not just public agencies. The definition of a 'volunteer emergency services provider' was narrowed to exclude those performing services during declared disasters or mutual aid agreements, and the requirement for notification was updated to apply to all employers. Additionally, the enforcement section was streamlined to remove specific remedies like reinstatement and back wages, directing employees instead to general legal remedies under existing state law.
Scope change
The bill's applicability was expanded from public agencies to include private employers, while simultaneously narrowing the definition of who qualifies for protection by excluding those working during declared emergencies or mutual aid situations.
SCOPE

Expanded the bill's protection against wrongful termination to cover private employers in addition to public agencies.

ELIGIBILITY

Narrowed the definition of a volunteer emergency services provider to exclude those performing duties during declared disasters or mutual aid agreements.

REQUIREMENT

Updated notification requirements to apply to all employers and clarified the 30-day deadline for employees to notify their employer of volunteer status.

Added a provision allowing employers to deduct regular pay if an employee claims it while absent or late due to volunteer emergency duties.

ENFORCEMENT

Removed specific remedies such as reinstatement and back wages from the bill, requiring employees to seek those remedies under general state wrongful termination laws instead.

Floor votes · Senate Apr 1, 2025 · House Feb 3, 2025

How they voted

3515
Passed
Total votes 50
Apr 1, 2025
D Democratic18
18 Yea
100% Yea
R Republican32
17 Yea 15 Nay
53% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
37
Key actions
9
Committee
6
Apr 16, 2025
Signed into law
(H) Signed by Governor
lower
Apr 9, 2025
Upper · Passed
(S) Signed by President
upper
Apr 7, 2025
Lower · Passed
(H) Signed by Speaker
lower
Apr 1, 2025
Senate · Passed
Senate Vote: pass (35-15)
senate
Mar 26, 2025
Upper · Passed
(S) Committee Report - (S) Business, Labor and Economic Affairs
upper
Mar 26, 2025
Upper · Passed
(S) Committee Executive Action - (S) Business, Labor and Economic Affairs
upper
Feb 18, 2025
Committee
(S) Referred to Committee - (S) Business, Labor and Economic Affairs
upper
Feb 3, 2025
House · Passed
House Vote: pass (97-2-1)
house
Jan 28, 2025
Lower · Passed
(H) Committee Report - (H) Business and Labor
lower
Jan 28, 2025
Lower · Passed
(H) Committee Executive Action - (H) Business and Labor
lower
Jan 8, 2025
Committee
(H) Referred to Committee - (H) Business and Labor
lower
Jan 7, 2025
Introduced
(H) Introduced
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Llew Jones
Llew Jones
RRepublican
MT
18