10 Key Questions About Leave Laws in Arizona

August 12th 2025

Navigating leave provisions under Arizona labor laws requires an understanding of federal and state regulations, with specific rules and applications for private and public employees. Compliance with these laws is crucial for employers and employees to avoid legal issues and foster a work-life balance.

This article addresses ten key questions about leave laws in Arizona, covering essential topics such as state-mandated paid sick leave, federal FMLA requirements, and leave protections for jury duty or military service.

This Guide Covers

1. What are the leave laws in Arizona?

Arizona leave laws include both federal and state protections. The federal Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take unpaid, job-protected leave for certain family and medical reasons.

At state level, the Fair Wages and Healthy Families Act requires most Arizona employers — except the State of Arizona and the federal government — to provide employees with earned paid sick time (EPST), which can be used for an employee’s own or their family member’s illness, for situations related to public health emergencies, or for issues related to domestic or sexual violence, stalking, or abuse related to themselves or a family member.

Additionally, Arizona law entitles employees to take leave for jury duty, military service, voting, and certain situations involving crime victims.

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

Under Arizona leave laws, there are different types of leave employees can take, which include:

  • Family and Medical Leave Act (FMLA): Under the federal FMLA, covered employers in Arizona must provide eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. These include the birth, adoption, or foster care placement of a child within the first year, caring for an employee’s own or their family member’s serious health condition, and certain situations related to a covered family member’s active military duty. The FMLA also entitles eligible employees to up to 26 workweeks of military caregiver leave to care for a covered servicemember with a serious injury or illness.
  • Earned Paid Sick Time (EPST): Under the Arizona Fair Wages and Healthy Families Act, most employers — except State and federal government employers — must provide employees one hour of paid sick leave for every 30 hours worked under the Earned Paid Sick Leave Time (EPST) law. This leave can be used for personal or family illness, medical care, public health emergencies, or situations involving domestic or sexual violence, abuse, or stalking. Annual EPST accrual and use is based on company size: up to 40 hours for companies with 15 or more employees, and up to 24 hours for smaller employers; though an employer may choose to allow a higher limit. When on sick leave, employees are paid at their regular hourly rate, which must not be any less than the minimum wage, and retain their regular benefits.
  • Jury Duty Leave: Arizona law allows employees to take time off from work to serve on a jury. Employers are not required to pay employees during this time, but they cannot prevent, discipline, or terminate employees for attending jury duty. Employees also cannot be forced to use accrued annual vacation or sick leave (if any) for jury service. Employees who are not paid by their employer may be eligible to apply for income replacement through the Arizona Jury Fund.
  • Voting Leave: Employees in Arizona can take paid leave of up to three consecutive hours at the beginning or end of their work shift to vote in a primary or general election, if their work schedule does not provide a three-hour window while the polls are open. This leave is protected from disciplinary action, and employees must request voting leave before the election day.
  • Military Leave: Employers in Arizona must provide job-protected leave to members of the National Guard of Arizona or any other state or the U.S. Armed Forces Reserves for active duty, training, or drills without any loss of vacation rights, seniority, or job position. The employee’s time away from work also does not count towards vacation accrual. Arizona state employees, who are members of the National Guard of Arizona or any other state or the U.S. Armed Forces Reserves, are entitled to paid military leave without loss of time or performance ratings for military and disaster training. These employees cannot be charged for military leave for non-working days, and the leave time does not reduce their vacation days. The amount of leave is up to three times the employee’s average weekly work hours per year, and up to six times that amount in any two consecutive years.
  • Crime Victim Leave: In Arizona, employers with 50+ employees must provide unpaid, job-protected leave for crime victims to attend court proceedings or seek protective orders. Employees may choose or be required by their employers to use accrued paid leave. Eligible reasons to take this leave include attending hearings for post-conviction release, criminal proceedings, initial appearances, post-arrest release, plea negotiations, sentencing, probation modifications or revocations, and reexamination proceedings when a victim’s rights were previously denied.
  • Donation Leave: State employees in Arizona receive paid leave for up to five work days for bone marrow donation and up to 30 work days for organ donation. An employee must provide their employer with written verification confirming their eligibility as a bone marrow or organ donor to take donation leave. During the leave, employees receive base pay and maintain their benefits and seniority.

Explore Arizona leave laws in detail.

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

In Arizona, the duration of employee leave depends on the type of leave and the governing rules or employer policy, such as:

  • Family and Medical Leave (FMLA): Up to 12 weeks of unpaid leave in a 12-month period for qualifying family and medical reasons, and up to 26 weeks of military caregiver leave for seriously injured/ill covered military servicemembers.
  • Earned Paid Sick Time (EPST): One hour of paid sick leave for every 30 hours worked. Workers employed with employers with fewer than 15 employees can accrue or use up to 24 hours of paid sick leave annually, whereas those employed by larger employers (15 or more workers) can accrue or use no more than 40 hours of paid sick leave annually.
  • Jury Duty Leave: For the entire duration of jury service, and is generally unpaid.
  • Voting Leave: Up to three consecutive hours of paid time off to vote, if the employee’s work schedule doesn’t offer a three-hour window for voting during polling hours.
  • Military Leave: Duration corresponds to the length of the military orders or service obligations. Eligible state and local government employees are entitled to paid leave of up to three times their average weekly work hours per year, and up to six times that amount in any two consecutive years, for training, drills, or related military duties.
  • Crime Victim Leave: For a duration necessary to attend relevant court proceedings or seek protective orders.
  • Donation Leave: Up to five work days of paid bone marrow donation leave and up to 30 work days of organ donation leave.

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

Yes, part-time employees in Arizona are entitled to earned paid sick time (EPST) under the Fair Wages and Healthy Families Act, which considers anyone who is paid for their work to be an employee.

Nearly all employees in Arizona, including part-timers, can accrue one hour of paid sick leave for every 30 hours worked. Those working for employers with fewer than 15 employees can use or accrue up to 24 hours of leave each year, whereas employees working in businesses with 15 or more employees can use or accrue up to 40 hours of paid sick leave each year.

During this leave, part-time employees in Arizona can earn their usual hourly rate (but not less than the state minimum wage) for each hour of sick time used.

Learn more about an hourly employee’s rights in Arizona.

5. Do employees in Arizona get paid while on leave?

Employees in Arizona can earn wages while on certain types of leave, such as the Earned Paid Sick Time (EPST) under the Arizona Fair Wages and Healthy Families Act. Employees can use EPST for personal or family illness, medical care, public health emergencies, or issues related to domestic violence.

Employees accrue one hour of paid leave for every 30 hours worked. Employees are paid their regular hourly wage, which must not fall below the state minimum wage requirement.

Arizona employees receive time off to vote during primary and general elections, paid at their usual wages, for up to three consecutive hours. Employees can only take this leave if their work schedule doesn’t give sufficient time off during polling hours.

State employees in Arizona are entitled to paid military leave for up to three times their average weekly hours per year and up to six times their average weekly hours in any two consecutive years. State employees also receive base pay for the entire duration of bone marrow or organ donation leave.

While employees are not generally paid for jury duty leave in Arizona, they may receive compensation or reimbursement through the Arizona Jury Fund if eligible.

Learn more about the rights of a salaried employee in Arizona.

6. What happens to your benefits while you’re on leave in Arizona?

In Arizona, continuation of employee benefits while on leave depends on the type of leave, governing laws, and employer policies.

For example, under the Family and Medical Leave Act (FMLA), employers must maintain an employee’s group health insurance benefits under the same conditions as if the employee were still working. However, employees on FMLA leave must continue to pay their portion of the health insurance premiums.

Other benefits, such as life insurance, educational, and retirement plans, are generally reinstated when the employee returns from FMLA leave.

Eligible employees in Arizona retain all benefits, including health care benefits, when on earned paid sick time (EPST) under the Fair Wages and Healthy Families Act.

7. Can you carry over unused leave to the next year in Arizona?

Yes. According to the Arizona Fair Wages and Healthy Families Act, employers must allow employees to carry over unused paid sick time to the next year.

However, the amount of sick leave an employee can carry over in a year is limited based on the size of the employer they work for. In businesses with 15 or more employees, employees cannot carry over more than 40 hours of paid sick leave per year. In businesses with fewer than 15 employees, employees cannot carry over more than 24 hours of paid sick leave per year.

Additionally, if an employer front-loads or provides the full annual amount of paid sick leave at the beginning of the year, they are not required by law to allow employees to carry over this sick leave to the next year.

8. Can you get fired while on leave in Arizona?

Under Arizona’s “at-will” employment law, an employer can generally terminate an employee at any time, with or without cause.

However, an employee cannot be fired while on leave if the termination falls under an exception to the “at-will” rule, as defined by Arizona’s Employment Protection Act of 1996. These exceptions include:

  • The employer violates an employment contract.
  • The termination violates public policy.
  • The termination is in retaliation for the employee exercising their rights.
  • The employee’s right to continue employment is protected by federal, state, or local laws (for public employees only).

Therefore, if an employee is on a legally protected leave in Arizona — such as FMLA, voting, jury duty, military, crime victim, or paid sick leaves — and is fired in retaliation for taking that leave, it would likely be considered an illegal termination that violates public policy or employee rights.

It is important to note that Arizona’s “at-will” status means employers can still fire employees for non-discriminatory reasons when the employee is on leave.

9. Can you quit your job while on leave in Arizona?

Yes. An employee can quit their job while on leave in Arizona unless their employment contract says otherwise. The state follows an “at-will” doctrine, which means either party can terminate the employment relationship at any time, with or without reason.

10. What happens when an employer violates leave laws in Arizona?

When an employer violates leave laws in Arizona, they can face legal action and significant penalties.

For violations of the federal Family and Medical Leave Act (FMLA), an employee can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or file a private lawsuit against their employer.

Similarly, violations of Arizona’s Fair Wages and Healthy Families Act can be reported to the Industrial Commission of Arizona’s Labor Department or can be addressed with a civil lawsuit. If a violation is found, the employer may be ordered to pay back wages and face other penalties. In cases of retaliation, the employer is required to pay a penalty of at least $150 for each day the violation continues until a legal judgment is finalized.

Beyond these laws, if an employee is fired for a reason that violates public policy, such as in retaliation for taking a legally protected leave, the employee can file a wrongful termination claim under Arizona’s Employment Protection Act. If a remedy for retaliation is not prescribed by law, an employee can seek monetary compensation.

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.