10 Key Questions About Leave Laws in Arkansas

April 30th 2025

Navigating employee leave laws in any state can be complex, and Arkansas is no exception. With a blend of federal requirements like the Family and Medical Leave Act (FMLA) and its own specific state rules covering various types of leave, employers and employees need to understand their rights and obligations.

This guide addresses 10 key questions about leave laws in Arkansas, from paid leave entitlements and eligibility criteria to what happens to benefits while on leave.

This Guide Covers

1. What are the leave laws in Arkansas?

In Arkansas, leave laws are a mix of federal and state regulations, impacting various aspects of employee time off. The federal Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, such as childbirth, adoption, or serious health conditions.

Arkansas has its own state-specific laws for jury duty, military leave, voting leave, and maternity leave, among others.

Explore Arkansas leave laws in detail.

2. What are the different types of leave available in Arkansas?

Arkansas employees receive different types of leave, including:

  • Family and Medical Leave: Eligible employees get unpaid, job-protected FMLA leave of up to 12 weeks in 12 months for injury, illness, childbirth, adoption, or to care for a family member. Employers will maintain an employee’s health benefits during this leave of absence.
  • Jury Duty Leave: Employees receive job-protected leave of absence to serve jury duty in Arkansas. Neither state nor federal law requires a non-government employer to pay wages while an employee is on jury duty.
  • Maternity Leave: Arkansas state signed Act 770 in 2023, which extends paid maternity leave to eligible state employees for up to 12 consecutive weeks after the birth, adoption, or foster-care placement of a child.
  • Child Educational Activities Leave (CEAL): State employees receive eight hours of leave per calendar year for attending or traveling to their child’s educational or interscholastic activities.
  • Voting Leave: All employers in Arkansas must schedule their employees’ work hours on election days so that each employee can exercise their right to vote. However, the law does not require an employer to pay an employee for his or her time off to vote.
  • Military Leave: Arkansas law provides public employees, who are members of the US Armed Forces, including the National Guard and reserves, with 15 days of paid military leave per calendar year, plus necessary travel time, for training or other duties. After this, employees will receive an extended military leave without pay and be entitled to reinstatement in their previous or equivalent position within 90 days of release.
  • Sick Leave: Public employees accrue one day (eight hours) of paid sick leave for each completed month of service. They can use this paid leave for their own sickness or injury, or the death or serious illness of an immediate family member. Arkansas law doesn’t require private employers to grant this paid leave.
  • Annual leave: Public employees, working at least 1,500 hours per year, earn a specific number of leave days each month based on their years of employment. For the first three years of service, employees earn eight hours of leave per month, and this rate goes up over time.

3. What are the eligibility criteria for paid maternity leave in Arkansas?

To qualify for the 12-week paid maternity leave benefit in Arkansas, employees must have worked for the state for at least one year.

This maternity leave is separate from FMLA leave, which also offers 12 weeks of unpaid leave. However, spouses who are both state employees receive a total of 12 weeks of leave, rather than 12 weeks each, for the birth, adoption, or placement of a foster child.

4. Do employees get paid while they are on leave in Arkansas?

It depends on the type of leave an employee takes and whether they are a public or private sector employee.

In Arkansas, public employees are entitled to several types of paid leave, including:

  • Paid Sick Leave: Public employees earn one day (eight hours) of paid sick leave for each completed month of service.
  • Paid Maternity Leave: Eligible state employees get paid maternity leave of up to 12 consecutive weeks after childbirth or adoption. They must have been employed by the state for more than one year.
  • Paid Military Leave: Public employers must provide members of the U.S. Armed Forces with 15 days of paid leave per year for training and other duties, plus necessary travel time.
  • Paid Annual Vacation: Public employees earn paid annual leave based on their years of service. For the first three years of service, employees earn eight hours of leave per month, and this accrual rate increases with the length of their state employment.

While not required by state law for private employers, some businesses in Arkansas may choose to offer paid time off benefits, such as sick leave, vacation, or paid time off (PTO), as part of their employee compensation packages. The terms and conditions of such paid leave would be determined by the employer’s policy or the employee’s contract.

5. What is the sick leave policy in Arkansas?

Public employees in Arkansas earn one day (eight hours) of paid sick leave for each month they work. Part-timers earn leave in proportion to the number of hours worked.

A public employee can use sick leave without pay for their own illness or injury, or for the death or serious illness of an immediate family member. However, for absences of more than 5 consecutive days, the employee must provide a note from the doctor.

Employees in Arkansas keep earning sick leave while on paid leave, but not if they are on leave without pay for 10+ days a month. They can also carry over up to 120 days (960 hours) of sick leave each year; excess leave is forfeited or can be donated.

Fire or emergency services employees have a different accrual rate for paid sick leave (one day, four hours per month) and a higher carryover limit (180 days).

6. What is the annual leave policy in Arkansas?

Annual leave is basically paid vacation time off for eligible state employees in Arkansas. To accrue annual leave, an employee must work at least 1,500 hours per year.

State employees in Arkansas earn leave monthly, with the accrual rate increasing based on their years of service. For full-time state employees, it starts at eight hours per month for the first three years and increases incrementally, reaching 15 hours per month after 20 years of service.

Part-time employees accrue leave in proportion to the number of hours worked.

Most employees can carry over a maximum of 30 days (240 hours) of accrued annual leave into the next calendar year. There are some exceptions to annual leave accrual in Arkansas, which include:

  • Critical-need employees (in certain 24/7 agencies) and fire and emergency service employees have a higher carryover limit of 45 days (360 hours).
  • Fire and emergency service employees also have a higher monthly accrual schedule for annual leave. They accrue 12 hours of leave each month for the first three years of service, and this rate increases the longer they serve.
  • Critical-need employees may be paid for excess leave over 45 days if their requests to use it were denied due to agency staffing needs.

7. What happens to employee benefits while they’re on leave in Arkansas?

In Arkansas, what happens to employee benefits while on leave depends largely on the type of leave and the employer. Here’s a general breakdown:

  • For FMLA Leave: Eligible employees of covered private employers and most public agencies are entitled to the continuation of their group health insurance coverage under the same conditions as when actively working, though they typically pay their portion of the premiums.
  • For State Employees: Benefits generally continue for state employees on paid leave, such as accrued sick leave, annual leave, or maternity leave. State employees on approved unpaid leave can pay the total costs of agency group insurance premiums during such leave and be reinstated into such programs on return to duty.
  • For Private Sector Employees: The continuation of benefits during any paid or unpaid leave (excluding FMLA) is at the employer’s discretion, as state law does not mandate it.

8. Are part-time employees entitled to leave in Arkansas?

Yes, part-time state employees in Arkansas are eligible for leave. They will accrue paid annual leave and paid sick leave in proportion to the number of hours they work. For example, state employees working half-time can accrue sick and annual leave at half the rate of full-time employees. However, eligibility for these benefits may also be contingent on meeting a minimum number of hours worked per year.

Arkansas law does not mandate private employers to provide paid time off to their employees, regardless of whether they are full-time or part-time. If an employer offers paid leave, it must be provided according to their employment policy or contract.

Know your rights as an hourly employee in Arkansas.

9. Can employees be fired while on leave in Arkansas?

Arkansas is an “at-will” employment state, which allows employers to fire employees with or without cause, unless a contract or law states otherwise. However, there are exceptions, especially when an employee is on a job-protected leave, such as FMLA, jury duty, and military leave.

Learn more about Arkansas termination laws. You can also learn more about Arkansas labor laws through our detailed guide.

10. Can you quit your job while on leave in Arkansas?

Yes, generally, an employee can quit their job while on leave in Arkansas. Being an “at-will” employment state, Arkansas law allows both employers and employees to terminate the employment relationship at any time, for any reason that is not illegal, with or without notice. This principle extends to employees on a leave of absence in Arkansas.

However, whether an employee is paid out for accrued but unused vacation or paid time off upon resignation, while on leave, depends on their employment contract or their employer’s policy. For state employees, there are specific rules regarding the payout of accrued annual leave upon separation.

Important Cautionary Note

This content is for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users must independently verify any critical information and should not solely rely on the content provided.