Arizona Leave Laws

January 8th 2024

To ensure the well-being of employees and foster a productive work environment, taking time off from work is crucial.

This comprehensive guide will explore the legal obligations related to leave in Arizona, including the various types of leaves available to employees.

In Arizona, there are no set laws for required leave and for optional leave. Employers have the discretion to establish their leave policies and benefits. Job seekers need to familiarize themselves with a company’s leave policies before applying.

This Article Covers

Arizona Required Leave
Arizona Non-Required Leave

Arizona Required Leave

Employers are mandated by law to provide their employees with certain types of leave. Here’s a comprehensive guide to the various types of required leave in Arizona:

1. Sick and Family Leave

  • Eligibility: Employee in need of time off for illness or related circumstances.
  • Duration: The accrual of paid sick leave is determined by the size of the company as follows:For businesses with 15 or more employees, employees earn one hour of paid sick leave for every 30 hours worked, with a yearly maximum of 40 hours.On the other hand, businesses with fewer than 15 employees offer one hour of paid sick leave for every 30 hours worked, with a cap of 24 hours per year.
  • Circumstance for Utilizing Leave: For a variety of reasons, including personal illness or caring for a sick family member, recovery from injury, psychological counseling, and more.

2. Jury Duty Leave

  • Eligibility: Employers are not required to pay employees for time off for jury duty, but they also cannot penalize employees for taking this time off. In companies with 5 or fewer full-time employees, jury duty service may be postponed if another employee is already serving.
  • Duration: The scheduled and expected duration of the jury service.
  • Circumstance for Utilizing Leave: To serve on a jury or when subpoenaed as a witness.

3. Voting Time Leave

  • Eligibility: All employees, but the employee must make the request before election day.
  • Duration: 3 consecutive hours of voting time between the opening and closing hours of the polls, which can be flexible.
  • Circumstance for Utilizing Leave: Employers must provide paid leave for employees to vote.

4. Domestic Violence or Sexual Assault Leave

  • Eligibility: Arizona employers with 50 or more employees are obligated to grant unpaid leave to employees who are victims of domestic violence, sexual assault, or stalking.
    Note: The Family Medical Leave Act (FMLA) may override an employer’s decision, as it provides job-protected time off for a wider range of circumstances and injuries.
  • Duration: The scheduled and expected duration of the legal proceedings.
  • Circumstance for Utilizing Leave: In cases where the employee must attend criminal proceedings or obtain an order of protection. Unfortunately, Arizona law does not provide either paid or unpaid leave for employees to recover from physical or mental injuries resulting from these incidents. Only legal proceedings are covered under state law. However, there is another option for affected employees.

5. Organ and Bone Donation Leave

  • Eligibility: State employees.
  • Duration: 5 days of paid leave for bone marrow donation and 30 days of paid leave for organ donation, both with verified documentation.
  • Circumstance for Utilizing Leave: To donate bone marrow and for organ donation.

6. Military Leave

  • Eligibility: National Guard and Military Reserve Components in Public and private sectors.
    Note: Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are required to allow employees to return to their jobs after military service without any loss of vacation days, seniority, or opportunities for promotion.
  • Duration: For a maximum of 30 working days within a span of two consecutive calendar years.
  • Circumstance for Utilizing Leave: For necessary active duty or active duty training.

Arizona Non-Required Leave

In Arizona, employers have the option to provide certain types of leave to their employees, as it is not mandated by law. These benefits may be offered selectively to specific employees based on the employer’s discretion.

When it comes to non-required leave in Arizona, the following applies:

1. Holiday Leave

Unlike some states, Arizona has no laws regarding paid or unpaid holiday leave. It’s up to private companies to decide whether or not to offer premium pay for working on holidays unless the employee is covered by the Fair Labor Standards Act (FLSA) and eligible for overtime pay. Public offices, however, must close on state-recognized legal holidays.

Here is a table of official US holidays:

Holiday Date
New Year’s Day 1 January
Martin Luther King Jr. Day Third Monday in January
Presidents’ Day Third Monday in February
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day 11 November
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day 25 December

2. Vacation Leave

In Arizona, employers are not required by law to offer paid vacation leave. If an employer chooses to offer this benefit, it must align with company policies. It’s important to note that employers may implement a policy denying payment for unused vacation days upon termination or disqualifying employees from using paid leave for failing to meet certain requirements. Employers may also set a deadline for using accrued vacation time.

3. Bereavement Leave

Bereavement leave refers to time off due to the death of a family member or close relative. The state of Arizona does not provide paid or unpaid leave for bereavement, but employers may choose to offer this benefit. If so, the terms must align with company policies.

If you want to know more about the entitlements of employees in Arizona, you can read our guides on your rights as a salaried employee in Arizona, and your rights as an hourly employee in Arizona. You can also learn more about Arizona Labor Laws through our detailed guide.

Important Cautionary Note

When making this guide we have tried to make it accurate but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred for use of this guide.