69th Legislature passes HB 128 protecting volunteer emergency service providers

The Montana Legislature convened on April 1, 2025, to introduce House Bill 128, a significant piece of legislation aimed at protecting volunteer emergency services providers in the state. The bill seeks to address the challenges faced by employees who serve as volunteers in emergency services, ensuring they are not penalized by their employers for fulfilling these critical roles.

House Bill 128 outlines several key provisions. Firstly, it mandates that employees who are volunteer emergency services providers must notify their employers in writing within 30 days of either joining a volunteer unit or organization or upon being hired. This notification is crucial for employers to understand their employees' commitments outside of work.

The bill further stipulates that once an employer is informed, they cannot terminate an employee for being absent or late due to volunteer emergency service duties during an emergency, provided certain conditions are met. Employees are required to notify their employers as soon as possible if they will be late or absent due to these duties. However, if an employee's absence could jeopardize public safety or hinder essential functions, the employer retains the right to require prior authorization before the employee can respond to an emergency.

Additionally, the bill clarifies that employees cannot claim regular pay for the time spent on volunteer duties, and employers may deduct any claimed pay for hours not worked due to these absences. Employers are also granted the authority to determine whether an employee can leave work to respond to emergencies.

The introduction of House Bill 128 has sparked notable discussions among lawmakers and stakeholders. Proponents argue that the bill is essential for encouraging volunteerism in emergency services, which are often underfunded and rely heavily on dedicated volunteers. Critics, however, express concerns about the potential burden on employers, particularly small businesses, who may struggle to manage staffing shortages during emergencies.

The implications of this legislation are significant. By safeguarding the rights of volunteer emergency services providers, the bill aims to bolster community resilience and ensure that emergency services can respond effectively when needed. However, the balance between employee rights and employer responsibilities remains a contentious issue that may require further amendments as the bill progresses through the legislative process.

As House Bill 128 moves forward, it will be crucial to monitor the debates and potential amendments that may arise, as well as the broader impact on Montana's workforce and emergency response capabilities. The bill's future will likely hinge on finding a compromise that supports volunteer emergency services while addressing the concerns of employers across the state.