Montana program
Paid sick leave if you work for the state, a county or a city
Paid sick leave for covered Montana public employees caring for a seriously ill child.
What it is
Paid sick leave for covered Montana public employees caring for a seriously ill child.
A public employee may have paid sick days. Necessary care of a child with a serious condition is included. Employer type and your leave balance still need checking.
Eligibility rules
- The law covers specified state and local public employees, with exclusions including schoolteachers and some academic, elected and other positions. Your social worker can help HR check the rule that covers your job, including any contract benefits.
- Leave is usable after 90 days of continuous employment.
What you get
- Twelve working days earned annually by covered full-time staff.
What it covers
- Part-time accrual is proportional to hours.
If you decide to apply
- Ask human resources for your sick-leave balance and child-care rules.
- Bring the leave statement and clinic’s description of the care schedule.
The public employer’s human resources office · Official page ↗
After you ask
- Human resources confirms available days and approves requests.
Good to know
School teachers are excluded from this statutory definition. District contracts may offer separate leave.
Other details
- Montana does not require private employers to provide sick leave. They can provide it voluntarily.
- Local governments cannot impose extra private-employer benefit requirements under this rule.
Official sources
“Does my sick leave cover caring for our child? How does it fit with other leave and my balance, and could you help request days if available?”
Why I’m asking: I want to know whether time away could still be paid.
More background and detailed requirements
Additional program information and published rules
Who does what
The three parts, side by side. The agency decides; nobody on this page does.
You
Ask human resources for the balance and say the leave is to care for your child.
Your social worker
The care team writes the letter describing the treatment schedule.
The care team
Records and letters when the application asks for them.
- Who decides
- The public employer applies the statute.
- Ask HR
- “I work for a public employer in Montana. What is my paid sick-leave balance, and can I use it to care for my child with a serious health condition?”
How to apply
First step: Ask human resources in writing for your sick-leave balance and the rule about caring for a child.
- Ask human resources for your current sick-leave balance in writing.
- If you teach, ask the district what its own contract gives, because teachers are outside this statute.
Official application / program page ↗
Where it starts: Ask the human resources office for your sick-leave balance and the rule that covers caring for a child.
What to gather
- Your payslip or leave statement
- A letter from the care team about the treatment schedule
How long: It is an employer decision, usually within days.
What a yes looks like
Paid days approved for clinic and hospital days.
What a no looks like, and the next move
You are not in the covered definition, or you are a teacher. Ask the district or check federal leave.
Watch out
- Private employers owe nothing in Montana, so this only helps public staff.
- School teachers are outside the statutory definition; ask the district instead.
The numbers and the rules
The arcane layer, kept on purpose. Checked September 11, 2026.
What it is worth
Twelve working days of paid sick leave a year for covered public employees, after 90 days of service.
- $12/year — Working days of sick leave earned a year
- $90 — Days of continuous employment before paid sick leave can be used
Legal protection: The statutory definition includes necessary care of a child with a serious health condition
What it costs the family: None.
The eligibility facts, as published
- Employer
- the state, a county, a city, a town or another political subdivision; school teachers are excluded from the definition
- Tenure
- 90 days of continuous employment
The trap: School teachers are excluded from the statutory employee definition, so a teaching parent should ask the district what its own contract gives rather than assuming this schedule.
Where I read this
- MCA 2-18-618 — Sick leave — Montana Legislature, read September 10, 2026
- MCA 2-18-601 — Definitions — Montana Legislature, read September 10, 2026
- Wage and hour frequently asked questions — Montana Department of Labor and Industry, read September 10, 2026
