Montana’s capital city is Helena, which was founded as a gold mining camp during the Montana gold rush.
Payroll and Benefits Guide - United States - Montana
Fun Facts
Montana is known as the “Treasure State”.
Montana is home to Glacier National Park.
The Battle of Little Bighorn, a significant event in American history, took place in Montana.
Montana is one of the least populated states in the country.
The state’s official flower is the bitterroot.
Contributions
Employee Payroll Tax
| Contribution Type | Rate |
| FICA Social Security | 6.20% |
| FICA Medicare | 1.45% |
| Additional tax | 0.90% |
Employer Payroll Tax
| Contribution Type | Rate |
| Unemployment Insurance | 0.13% – 6.25% |
| Unemployment – New Employer | 1.18% – 2.58% |
| FICA Social Security | 6.20% |
| FICA Medicare | 1.45% |
| FUTA | 0.60% – 6.00% |
Payroll
Payroll Cycle
Employees are generally paid either semi-monthly or monthly, with payments on set dates as stipulated in their contract.
13th Salary
There are no legislations for 13th-month payments in Montana.
Work Hours and Week
A standard workweek is a maximum of 40 hours per week, 8 hours per day.
Overtime
Montana adheres to the Fair Labour Standards Act (FLSA), and work in excess of 40 hours per week is considered overtime and paid at the rate of 150% of the regular pay. If employees are scheduled to work on weekends or rest days, no additional payment is required. However, should an employer request an employee to work in exceptional circumstances on these days, then overtime is paid at the rate of 150% of the regular pay.
Leave
Paid Time Off
Montana does not have any state statute governing the amount and payment of vacation time; however, it is common for employers to offer paid or unpaid vacation leave to their employees. The leave must comply with employment law and must be stipulated in the collective bargaining agreement.
Public Holidays
There are 11 official holidays, however private employers are not required to provide either time off or overtime pay on these days.
Sick Days
It is common for an employer to follow the Family and Medical Leave Act (FMLA), which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).
Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.
FMLA eligible employees are entitled to:
- Twelve working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
- The employee may be entitled to leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
- To care for the employee’s spouse, child, or parent who has a severe health condition.
- A serious health condition that makes the employee unable to perform the essential functions of their job.
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
OR
- Twenty-six working weeks of leave during a single one-year period to care for a covered servicemember with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Maternity Leave
See sick leave above.
The Federal FMLA provides qualified employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including maternity leave.
In Montana, pregnant employees are entitled to a reasonable leave of absence (generally 6 to 8 weeks post-delivery) and are determined case by case.
Paternity Leave
See sick leave above.
The Federal FMLA provides qualified employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including paternity leave.
Parental Leave
See sick leave above.
The Federal FMLA provides qualified employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including parental leave.
Termination
Termination Process
Except in mass dismissals or as provided for in an employment contract or a collective bargaining agreement, U.S. law does not impose a formal “notice period” to terminate an individual employment relationship, and employment is stipulated “at will.” This means that either the employer or the employee may end the employment relationship without giving either notice or reason, provided it is not illegal, notable discrimination on the grounds of a category protected by law, etc., and as per the Federal Worker Adjustment and Retraining Notification Act (WARN).
The employment contracts of executives and other highly skilled individuals often incorporate a “just cause termination” clause which mandates that the employer may only terminate the employee for “cause” and lists the permissible grounds. In such cases, the parties negotiate the foundations for a “just cause” termination case-by-case.
Notice Period
In Montana, most employees are employed “at-will,” and either party can terminate the employment relationship without notice. In Montana, pay out of unused vacation time is not required by law. Still, generally, employers will pay an employee for unused vacation days, provided the employee gave some advanced notice of resignation; there is no official notice period. Still, in general practice, the notice period is linked to the number of years of service.
- Between 1 and 6 months: 1 week
- Between 6 months and 2 years: 2 weeks
- Between 2 and 4 years: 4 weeks
- Between 4 and 7 years: 8 weeks
- Between 7 and 8 years: 9 weeks
- Between 8 and 9 years: 10 weeks
- Between 9 and 10 years: 11 weeks
- More than 10 years’ service: 12 weeks
In mass dismissal cases, the employer must follow the Worker Adjustment and Retraining Notification Act (WARN Act) and give 60 days’ notice to impacted employees.
Severance Pay
Except as otherwise provided in an Employment Contract or Collective Bargaining Agreement, employers need not make severance payments to terminated employees. Employers who offer severance need to have the provisions within the employee’s contract; both parties must agree to this. Many employers choose to provide severance payments linked to the employee’s length of service. Most common in Montana is one week pay for every year of service.
Probation Period
Probation Period
No legal provision governs a formal “trial /probation period.” However, it is common practice for employers to set a performance evaluation after an initially stated period of employment of 90 days and a six-month probation period.
Immigration
Foreign nationals without permanent resident status or a work visa are not permitted to work in the United States. An employer seeking to hire a foreign national may file a petition with the United States Department of Homeland Security/ United States Citizenship and Immigration Services (“USCIS”) for an employment visa on behalf of the prospective employee. If the petition is approved, the prospective employee must obtain a “visa stamp” from a United States embassy or consulate (Canadian citizens are exempt from this requirement). To get a temporary U.S. work visa, an employer must file a petition with U.S. Citizenship and Immigration Services (USCIS).
VAT
Montana has a zero-sales tax rate.