INFORMATION SHEET
“THE MONTANA MILITARY SERVICE EMPLOYMENT RIGHT ACT”(MMSERA”)
Senate Bill 118 established the “Montana Military Service Employment Rights
Act”(MMSERA”). MMSERA provides employment and reemployment protections for those
members of the Montana organized militia or federal reserves, when they are not covered by the
federal “Uniformed Services Employment and Reemployment Rights Act of 1994”, 38 U.S.C.
4301, et seq., or other applicable federal laws. MMSERA was passed by the 2005 Montana State
Legislature and became effective in April 2005, upon signature by the Governor of the State of
Montana.
MMSERA prohibits an employer from denying employment, reemployment, reinstatement,
retention, promotion, or any benefit of employment because of a person’s membership or
potential application for membership in the state organized militia. MMSERA entitles a member
to an unpaid leave of absence to perform state active duty. MMSERA also enumerates
reemployment rights of members to return to employment without loss of specified benefits (ex.
seniority, status, pay, pension and health insurance.)
MMSERA gives public employees fifteen (15) days of paid military leave, per year, for those
employees who are called to military service as part of the state organized militia or federal
reserves. The Act also clarifies and updates military leave provisions relating to elected and
public officials. These provisions include restoration to office and how an acting official will be
appointed when the primary office holder is away on a military leave of absence.
MMSERA provides expanded and meaningful enforcement of its protections by providing
complaint procedures, informal resolution, and court remedies. MMSERA
enumerates the duties and powers of the Montana Department of Labor and Industry and the
Montana State Attorney General to enforce MMSERA. MMSERA also provides for rule-
making authority to enable the Montana Department of Labor and Industry and the Montana
Attorney General