Arkansas Leave Laws Mandates
Arkansas employees are primarily protected by federal leave laws, with the Family and Medical Leave Act (FMLA) serving as the main source of job-protected leave for health and family reasons. The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave in 12 months for the birth or adoption of a child, to care for a seriously ill family member, or to address their serious health condition. However, employers must have 50 employees who have worked under them for at least 12 months to qualify for it.
Arkansas does not have a state-specific family or medical leave law for private sector employees, so employers must follow federal requirements and any leave policies they choose to adopt.
Arkansas Sick Leave Law
Arkansas law does not require private employers to provide paid or unpaid sick leave. Any sick leave benefits are determined by the employer’s own policy or contract. However, state employees do accrue paid sick leave, which can be used for personal illness, medical appointments, or to care for an immediate family member. The accrual rate and usage rules are set by state agency policies.
Arkansas Paid Time Off (PTO) Law
There is no Arkansas law mandating paid time off or vacation leave for private sector employees. Employers may choose to offer PTO or vacation benefits, and if they do, they must comply with their own written policies regarding accrual, use, and payout upon separation. State employees may accrue annual leave based on years of service, with accrual rates and maximum carryover amounts defined by state regulations.
Arkansas FMLA Law
The federal FMLA applies to Arkansas employers with 50 or more employees. Eligible employees may take up to 12 weeks of unpaid, job-protected leave for their own serious health condition, to care for a family member, for the birth or adoption of a child, or for certain military family needs. Employees must provide reasonable advance notice when possible, and employers may require medical certification or proof of family relationships. FMLA leave is unpaid, but employees may use accrued paid leave concurrently if allowed by their employer.
Arkansas Bereavement Leave Law
Arkansas law does not require private employers to provide bereavement leave. Whether an employee can take paid or unpaid time off for the death of a family member is at the discretion of the employer. Many employers voluntarily offer 3–5 days for the loss of an immediate family member and 1–2 days for extended family or close friends. Public sector employees may use accrued sick leave for bereavement. However, recent legislative proposals have considered offering up to 40 hours of paid bereavement leave to state employees.
Arkansas Parental Leave Law
There is no Arkansas law mandating paid or unpaid parental leave for private sector employees outside of the FMLA. State employees may use accrued leave for parental purposes, and some agencies may offer additional paid parental leave as part of their benefits package.
Arkansas Leave Types, Eligibility and Duration
| Type of Leave | Eligibility | Duration & Description |
| FMLA (Federal) | 50+ employees, 12 months, 1,250 hours | Up to 12 weeks unpaid, job-protected leave for family/medical reasons |
| Sick Leave | State employees (public sector) | Accrual and use governed by agency policy; for illness or care of immediate family |
| PTO/Vacation | Employer policy (private sector) | Not required by law; accrual, use, and payout set by employer policy |
| Bereavement Leave | Employer policy (private sector) | Not required by law; typical practice is 3–5 days for immediate family, 1–2 for others |
| Parental Leave | FMLA-eligible employees | Up to 12 weeks unpaid, job-protected leave under FMLA |
| Military Leave | All employers | Required by law; job protection for service members |
| Jury Duty Leave | All employers | Required by law; unpaid unless employer policy states otherwise |
| Domestic Violence Leave | Employer policy or FMLA | Not specifically required by state law; may be covered under FMLA or employer policy |
State-Specific Arkansas Leave Laws
- Sick Leave (State Employees): State employees in regular salary positions accrue paid sick leave at the rate of one day (8 hours) for each completed month of service. Part-time state employees accrue sick leave on a pro rata basis.
- Annual Leave (State Employees): State employees who work at least 1,500 hours per year accrue annual leave every month, with accrual rates increasing with years of service. For example, employees accrue 12 days per year through three years of service, up to 22.5 days per year after 20 years of service.
- Bereavement Leave: In Arkansas, bereavement leave is not mandated by law for private sector employees; it is at the employer’s discretion. A 2025 legislative proposal would allow state employees to take up to 40 hours of paid bereavement leave, drawn from the catastrophic leave bank.
- Military Leave and Jury Duty Leave: Both types of leave are protected by state and federal law for all Arkansas employees. Employees called to active military duty or jury service are entitled to leave and job protection.
- Healthy Employee Lifestyle Program (HELP): Eligible state employees may exchange wellness points earned through the HELP program for up to three days of additional leave per year. All accrual rates, usage rules, and compensation for unused leave for state employees are governed by the Arkansas Code and Office of Personnel Management policies, as of 2025.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
| FMLA | 30 days advance if foreseeable; as soon as practicable otherwise | Medical certification for serious health conditions; proof of family relationship if requested |
| Sick Leave (State) | As soon as practicable | Per agency policy; may require doctor’s note |
| PTO/Vacation | Per employer policy | Per employer policy |
| Bereavement Leave | Per employer policy | Employer may request obituary or death certificate |
| Military Leave | As soon as practicable | Military orders or official documentation |
| Jury Duty Leave | As soon as practicable; upon receipt of summons | Jury summons or court documentation |
| HELP Leave (State) | Per program rules | Redemption certificate for wellness points |
