A legal holiday is a day set aside by the federal or state government to honor an event or historical figure on which employees may be entitled to a higher hourly wage (usually 150 percent of the regular rate). Montana state offices are closed on legal holidays, and state government employees are entitled to these as paid days off.
If a legal holiday falls on a Sunday (except Sunday which is a legal holiday), it is observed on the following Monday. Full-time employees who are scheduled for a day off on a legal holiday are entitled to have the day before the holiday, or any day after the holiday, off with pay.
Montana Part-Time Employees
Part-time employees receive pay for the holiday on a prorated basis. The term "employee" does not include nonteaching school district employees.
Do Private Employers in Montana Have To Pay Their Employees For State Holidays?
Private employers are not obligated by state law to provide any holidays as paid (or unpaid) days off. A private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
The following is a complete list of Montana's legal holidays. See FindLaw's Employment Law section to learn more about your rights as an employee.
Note: State laws are always subject to change, usually through legislation, ballot initiative, or court ruling -- contact a Montana employment law attorney or conduct your own legal research to verify the state law(s) you are researching.
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Montana Legal Holidays Laws : Related Resources
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