10 Key Questions About Leave Laws in Arkansas

August 11th 2025

Understanding employee leave benefits under Arkansas labor laws can be complex, as these laws are a combination of both federal and state-specific mandates. Compliance with these regulations is essential for employers and employees to support fair workplace practices and protect employee rights.

This article answers 10 key questions about leave laws in Arkansas, covering topics like paid and unpaid leave entitlements, employee eligibility, and other benefits.

This Guide Covers

1. What are the leave laws in Arkansas?

Arkansas adheres to the federal Family and Medical Leave Act (FMLA), which requires covered employers to provide eligible employees with unpaid, job-protected leave for certain family and medical reasons.

Arkansas leave laws also allow employees to take time off for jury duty and voting. Some employees can take leave for public service in cases where they are elected or appointed to a public office that requires time away from work.

Moreover, Arkansas state employees, in particular, may be entitled to other types of leave, including paid maternity leave and leave to attend their child’s educational activities.

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

Under Arkansas leave laws, employees are entitled to receive the following types of leave:

  • Family and Medical Leave: Under the federal Family and Medical Leave Act (FMLA), eligible employees in Arkansas receive up to 12 workweeks of unpaid, job-protected leave within a 12-month period for specific qualifying family and medical reasons. These include childbirth, adoption, foster-care placement, or caring for an employee’s own or their immediate family member’s serious health condition, or for certain military-related emergencies involving a family member. Additionally, an eligible employee may take up to 26 workweeks of leave in a 12-month period to care for a covered servicemember with a serious injury/illness.
  • Jury Duty Leave: Employees can take jury duty leave in Arkansas, as state law prohibits employers from discharging employees for serving on jury duty. However, the law doesn’t require employers to pay wages while an employee is on this leave.
  • Public Service Leave: In Arkansas, any employee who is elected to a public office or appointed by the Governor to a state board or commission that requires time away from their job must be granted a leave of absence by their employer. This leave can last as long as the employee requests, up to the full term of the office. Taking this leave does not affect the employee’s job or departmental seniority.
  • Voting Leave: Employers in Arkansas are required to adjust their employees’ work schedules to ensure the employees have sufficient time to cast their ballots on election days.
  • Paid Maternity Leave: Under the Arkansas Paid Maternity Leave Program, eligible state employees are entitled to up to 12 consecutive weeks of paid leave within the first 12 weeks after the birth of a child, or the adoption or foster-care placement of a child under one year of age. To be eligible for paid maternity leave, the employee must have been employed by the state for more than one year.
  • Child Educational Activities Leave (CEAL): State employees in Arkansas can take eight hours of paid leave per calendar year to attend or travel to their child’s 一 whether biological, adopted, step, foster, or grandchild — educational or interscholastic activities, from pre-K through grade 122. This leave applies regardless of the number of children the employee may have. However, any unused time at the end of a calendar year is forfeited.
  • Military Leave: Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), Arkansas employees receive unpaid, job-protected leave to serve in the military. This includes members of the Armed Forces, Reserves, National Guard, and other uniformed services. In addition to USERRA protections, certain state employees in Arkansas may receive extra military leave benefits, which vary based on the leave policies of their specific department or agency.

Explore Arkansas leave laws in detail.

3. How long is a leave of absence in Arkansas?

The duration of leave in Arkansas depends on the type of leave.

  • Family and Medical Leave: Up to 12 workweeks of leave in a 12-month period for qualifying family and medical reasons, and up to 26 workweeks of military caregiver leave in a 12-month period.
  • Jury Duty Leave: For the duration of an employee’s jury duty service.
  • Public Service Leave: For as long as the employee needs, up to the term of public office to which the employee was elected or appointed.
  • Voting Leave: Reasonable time to allow employees to vote during elections.
  • Paid Maternity Leave: Up to 12 consecutive weeks of paid leave immediately after childbirth, adoption, or foster-care placement.
  • Child Educational Activities Leave: Eight hours of leave per calendar year, regardless of the number of children the employee has.
  • Military Leave: For the duration of military service. Certain state employees may receive varying durations of paid leave depending on the state department or agency they are employed at and the type of military leave they are entitled to.

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

Part-time employees in Arkansas may be eligible for FMLA leave if they meet the eligibility requirements. To qualify for FMLA leave, a part-time employee must have worked for a covered employer for a least 12 months and worked at least 1,250 hours during the last 12 months preceding their leave.

Learn more about your rights as an hourly employee in Arkansas

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

Yes, employees in Arkansas can receive paid leave in certain situations.

Employee Wages During Maternity Leave in Arkansas

The state’s Catastrophic Leave Program entitles eligible state employees to take up to 12 consecutive weeks of paid leave for maternity purposes following the birth of a biological child, or the adoption or foster placement of a child under one year of age. However, this leave must be used within the first 12 weeks after the qualifying event, and to be eligible, the employee must have been working for the state for over a year.

Employee Wages During Military Leave in Arkansas

Certain state employees in Arkansas may receive different types of paid military leave, with compensation varying by state department or agency, and the type of military leave they are entitled to.

For example, employees of Arkansas Municipalities and the Department of Transformation and Shared Services are paid their regular salary during military leave. In contrast, employees of the Arkansas Department of Higher Education (ADHE) receive proportionate wages, specific allowances/incentives, and their active duty pay. However, this amount must not exceed the employee’s regular wages.

Employee Wages During Other Types of Leaves in Arkansas

Additionally, state employees receive eight hours of paid Child Educational Activities Leave (CEAL) each calendar year to attend to their child’s educational activities from pre-kindergarten (pre-K) through grade 12.

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

In Arkansas, employees retain certain benefits while on leave, depending on the leave type and their employer.

Employee Benefits During FMLA in Arkansas

While an employee is on FMLA leave in Arkansas, their employer must continue group health insurance coverage — including family coverage — in the same manner as if the employee were actively working. The employee is still responsible for paying their share of the insurance premiums, and both parties must agree on how these payments will be made.

Furthermore, employers and employees can mutually agree to continue life insurance coverage during FMLA leave. Certain earned benefits, like seniority and paid leave, do not accrue while an employee is on FMLA leave if they are also not maintained on other types of unpaid leave.

Benefits such as cash payments in place of group health insurance coverage are not continued while an employee is on FMLA leave. Other benefits, including cash payments chosen by the employee instead of group health insurance coverage, need not be maintained during periods of unpaid FMLA leave.

Employee Benefits During Military Leave in Arkansas

Some Arkansas state employees may continue to receive certain benefits while on military leave, depending on their department.

For example, employees of the Arkansas Municipalities keep all seniority rights, performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other benefit they’re entitled to during their military leave.

Employee Benefits During Jury Duty Leave in Arkansas

Employees in Arkansas also accrue sick and vacation leave when they take time off to attend jury duty.

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

Yes, employees in Arkansas can be fired while on leave, as the state follows “at-will” employment rules. This means employers can fire employees at any time and for any reason, as long as the reason for termination is not illegal.

However, employers are prohibited from firing an employee because they took legally protected leave. For example, it is unlawful to fire an employee for taking leave under the Family and Medical Leave Act (FMLA) or for being absent due to jury duty.

Learn more about Arkansas termination laws.

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

Yes, an employee can quit their job while on leave in Arkansas, as the state follows an “at-will” employment policy.

However, if an employee quits their job while they are on FMLA leave, the employer is no longer required to maintain their health insurance coverage. In some cases, the employer may also recover the health insurance premiums they paid on the employee’s behalf during the leave if the employee does not return to work.

9. What can employees in Arkansas do if their leave rights are violated?

If an employee’s leave rights have been violated in Arkansas, the employee can choose to complain to a relevant authority for investigation and legal action.

For violations of the FMLA, employees can submit complaints to the U.S. Department of Labor or file a private lawsuit against the employer.

Employers who fail to adjust work hours to allow an employee enough time to vote during elections can be subject to a fine between $25-$250, if found guilty.

Similarly, violations of jury duty leave can lead to a Class A misdemeanor under Arkansas leave laws.

10. Are employers in Arkansas required to notify employees about their leave rights?

Yes. In Arkansas, public employers and most private employers with 50+ employees are subject to the federal FMLA, which requires them to notify employees about their leave rights.

These covered employers must publicly display an FMLA notice visible to all workers and applicants, even if no employees are currently eligible. Failure to do so can result in a $110 fine. If the employer has an eligible employee, FMLA information must also be included in the company’s employee handbook or leave policy.

Additionally, when an employee requests FMLA leave or any of the employee’s leave requests qualify for FMLA, the employer must provide a written notice of the employee’s eligibility, rights, and responsibilities within five business days.

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.