Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.11 - UNEMPLOYMENT INSURANCE DIVISION
Subchapter 24.11.24 - Employees
Rule 24.11.2405 - STATUS OF CERTAIN PERSONAL ASSISTANTS
Universal Citation: MT Admin Rules 24.11.2405
Current through Register Vol. 6, March 22, 2024
(1) A person with a disability who receives services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal service assistant despite the exercise of control over the selection, management and supervision of the personal assistant if:
(a) the personal assistant is providing
services to the disabled person pursuant to
53-6-145,
MCA, and rules adopted by the department of public health and human services
implementing that statute; and
(b)
the personal assistant is the employee of another person or entity that has the
right to exercise an employer's control over the personal assistant, including
the right to discipline and terminate employment.
39-51-301, 39-51-302, and 53-6-145, MCA; IMP, 53-6-145, MCA;
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