Legislative Update: Montana MAR Notice 2025-29.1

Montana MAR Notice 2025-29.1 Change Notification

Multiple changes are in effect as a result of this legislation.

1. Being “Available for Work” has a more precise definition. It says, “A claimant is willing and able to accept an offer of suitable work for a minimum of three days a week, and the workdays are typical of the claimant’s occupation.
2. “Full-time work” was defined as insured employment in which an employee is regularly scheduled to work 40 or more hours per week.
3. “Part-time availability was further defined as a claimant is qualified to seek only part-time insured work and maintain benefits if:
   • The majority of the claimant’s work weeks in the base period were part-time; or
   • The claimant has a medical diagnosis signed and certified from a licensed and practicing healthcare provider that limits the claimant’s ability to perform full-time work.
4. If a deadline falls on a Saturday, Sunday or holiday, the filing is due the next business day. However, this is not true for Request for Redetermination, the filing of a Request for Hearing or the filing of weekly payment requests.
5. The deadline for an interested party to file a request for hearing was updated to reflect a deadline of 10 days from the date of the department’s determination or redetermination. If the deadline falls on a weekend or holiday, the deadline is extended to the next business day.
6. The day the interested party files the request for hearing with the department is the appeal date. A request for hearing is filed with the department on the day it is requested via the online portal, postmarked for mail delivery or delivered to the department in person. If no postmark is available to determine the appeal date, the date on the request for hearing is the appeal date. If no postmark or date is available for the request for hearing the department shall consider one day before receipt of the request for hearing as the appeal date.
7. The department may extend an interested party’s deadline for filing a request for hearing if the interested party shows good cause for the delayed filing. .
8. Claimants who are job or union attached may be exempt from work search requirements as determined by the department.
9. An interested party who disagrees with a determination on any issue may request a redetermination or request a hearing.
10. The deadline for an interested party to file a request for redetermination is within 10 days of the date of the department’s determination. If the deadline to file falls on a weekend or holiday, the deadline is extended to the next business day.
11. The day the interested party files the request for redetermination with the department is the appeal date. A request for redetermination is filed with the department on the day it is requested via the online portal, via phone, postmarked for USPS or delivered to the department in person. If no postmark is available to determine the appeal date, the date on the request for redetermination is the appeal date. If no postmark or date is available for the request for redetermination the department shall consider one day before receipt as the appeal date.
12. The department may extend an interested party’s deadline for filing a request for redetermination if they show good cause for the delay.
13. If an interested party disagrees with the redetermination may file a request for hearing.
14. A claimant does not have reduced hours if:
    • The claimant performs work for the employer within seven days of the effective date of the claim;
    • The claimant continues to work for the employer after the effective date of the claim;
    • The claimant’s hours or wages for the four weeks before the claim date are not reduced by 10 percent or more in the four weeks after the claim date.

Effective Date

Immediately

Montana Administrative Register Notice 2025-29.1 Implication to Stakeholders

The bill mainly clarifies previous language in statute, specifically around when a due date falls on a holiday or weekend. It also addresses communications through portal access as being a method for appeal.

Recommended Action

Employers should make sure all personnel who handle unemployment claims administration be aware of these updates for the state of Montana. Late appeals or request for reconsideration are generally lost at that stage because it is nearly impossible to prove the employer had good cause for filing late.