Montana § 39-2-105 - Employer Requirements -- Employees -- Public Office
Full text of Montana Montana Code Annotated § 39-2-105 — Employer Requirements -- Employees -- Public Office, with citation guidance and answers to common questions.
§ 39-2-105. Employer Requirements -- Employees -- Public Office
Employer requirements -- employees -- public office. (1) In addition to the requirements in 39-2-104 , an employer may not prohibit or restrict an employee from seeking election or appointment to a city, county, or state public office or retaliate or discriminate against an employee for seeking election or appointment to a city, county, or state public office. (2) During an employee's leave of absence while serving as an elected officer or while appointed to a public office under 39-2-104 , the employer may not require an employee: (a) to use leave or benefits during the mandatory leave of absence without the consent of the employee; or (b) to perform work during the mandatory leave of absence. (3) If the employer provides a company phone, computer, or phone number and the employer allows the employee's personal use of the company phone, computer, or phone number, the employer may not prohibit the employee's use of the phone, computer, or phone number during the leave of absence provided in 39-2-104 . (4) If the employer provides health care benefits to the employee, the employer shall continue offering the employee health care benefits with the same covered benefits and covered persons, as those terms are defined in 33-32-102 , during the leave of absence provided for in 39-2-104 .
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 39-2-105
What does Montana Code Annotated § 39-2-105 cover?
Section 39-2-105 ("Employer Requirements -- Employees -- Public Office") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 39-2-105?
A common citation format is "Montana Code Annotated § 39-2-105" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 39-2-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.