SENATE BILL NO. 479
INTRODUCED BY E. FRANKLIN
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING EMPLOYMENT PROTECTION FOR AN EMPLOYEE WHO IS TEMPORARILY TOTALLY, TEMPORARILY PARTIALLY, OR PERMANENTLY PARTIALLY DISABLED AS A RESULT OF A WORK-RELATED INJURY OR OCCUPATIONAL DISEASE; AMENDING SECTION 39-71-317, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 39-71-317, MCA, is amended to read:
"39-71-317. Employer not to terminate or permanently replace worker due to temporary total, temporary
partial, or permanent partial disability or for filing claim -- preference two-year employment protection --
jurisdiction over dispute -- exceptions. (1) An employer may not use as grounds for terminating or permanently replacing
a worker, the worker's temporary total, temporary partial, or permanent partial disability or the filing of a claim under this
chapter or chapter 72 of this title.
(2) Except as provided in subsection (5), when a medical service provider who is qualified to be a treating physician determines that the worker is likely to be capable of returning to work, the employer may not permanently replace the worker within 2 years from the date that the worker became temporarily totally, temporarily partially, or permanently partially disabled.
(2)(3) When an injured worker is capable of returning to work within 2 years from the date of injury that the worker
became temporarily totally, temporarily partially, or permanently partially disabled and has received a medical release to
return to work, the worker must be given a preference over other applicants for a comparable position that becomes vacant
if the position is consistent with the worker's physical condition and vocational abilities the employer shall immediately
reinstate the employee, without penalty, to the employment position in which the employee was working when the
employee became temporarily totally, temporarily partially, or permanently partially disabled as a result of a work-related
injury or occupational disease or to another position with substantially the same wages, benefits, status, and responsibility.
(4) If a qualified employee is laid off within 2 years from the date that the employee became temporarily totally, temporarily partially, or permanently partially disabled as a result of a work-related injury or occupational disease, the employer is not liable if the employer has no continuing obligations under a collective bargaining agreement or other obligation. The employer shall prove that the employee would have been laid off regardless of the temporary total, temporary partial, or permanent partial disability.
(3)(5) This preference section:
(a) applies only to employment with the employer for whom the employee was working at the time that the injury
occurred employee became temporarily totally, temporarily partially, or permanently partially disabled as a result of a
work-related injury or occupational disease; and
(b) does not prohibit the temporary replacement of a worker while the worker is unable to work due to a temporary total, temporary partial, or permanent partial disability caused by a work-related injury or occupational disease.
(4)(6) The department and workers' compensation court do not have jurisdiction to administer or resolve a dispute
under this section. Exclusive jurisdiction is with the district court."
NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 1999.
- END -
Latest Version of SB 479 (SB0479.01)
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