Navigating Paid Time Off (PTO) and Arkansas Leave Laws can be challenging, where state regulations are minimal and much is left to the discretion of employers. This guide on Arkansas Leave Laws, provided by Day Off, covers important aspects such as vacation leave, sick leave, maternity and paternity leave, bereavement leave, jury duty leave, military leave, and voting leave. By understanding both federal and state rules, employers and employees can ensure they comply with legal requirements and maintain fair practices. Whether you’re an employer setting policies or an employee knowing your rights, this article provides key insights into managing leave in Arkansas.
Paid Time Off (PTO) in Arkansas
In Arkansas, no specific state laws regulate PTO, but adherence to company policies or employment contracts is essential.
Leave Quota
Arkansas does not mandate any vacation days. There is no state requirement for employers to provide either paid or unpaid vacation time. However, if an employer opts to offer vacation leave, it must comply with applicable state laws, the company’s established policies, or the employment contract.
Accrual
Accrual of vacation days is not mandated in Arkansas but is a common practice among employers. Employers have the right to cap the amount of vacation time employees can accrue. There is no requirement under federal or state law for employers to pay out accrued vacation, sick leave, or other PTO upon termination of employment.
Rollover
Employers are not required to allow employees to carry over unused leave into the following year. Arkansas permits the implementation of a “use-it-or-lose-it” policy, where unused PTO does not roll over, depending on the employer’s policies or contracts.
Payment of Accrued, Unused Vacation on Termination
There is no state law in Arkansas that mandates payment for accrued PTO upon termination of employment. Whether an employer pays out earned, unused vacation time depends on their policy or the employment contract. Courts have ruled that if an employer provides vacation leave as part of an accrual plan, they must honor the terms of that plan (Oil Fields Corp. v. Hess, Waymack v. KCLA).
Sick Leave in Arkansas
Federal Provisions
Under federal law, specifically the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave for serious health conditions or to care for a family member with a serious health condition. Eligibility requires at least 12 months of employment and at least 1,250 hours of work over the past 12 months, in a location with 50 or more employees within a 75-mile radius.
State Provisions
Arkansas does not have state laws requiring private sector employers to provide sick leave, paid or unpaid. However, if an employer offers sick leave, they must comply with their policy or employment contract. Public employees are provided paid sick leave under the Arkansas Uniform Attendance and Leave Policy Act for various personal or family medical needs.
Maternity, Paternity, and Family Leave in Arkansas
Federal Laws
The FMLA allows for 12 weeks of unpaid leave for the birth or adoption of a child. Employees are eligible if they meet the same criteria as for other FMLA leave. The Pregnancy Discrimination Act (PDA) prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions and applies to employers with 15 or more employees.
State Laws
Arkansas does not mandate paid or unpaid maternity or paternity leave for private sector employees. The Arkansas Civil Rights Act protects against gender discrimination, including during pregnancy. Employers must treat pregnancy-related conditions the same as any other temporary disability. The Adoptive Parent Leave law requires employers who offer parental leave to biological parents to extend the same leave to adoptive parents. Public employees may use accrued leave for maternity purposes if requested.
Bereavement Leave in Arkansas
There are no laws in Arkansas requiring employers to provide bereavement leave. Whether paid or unpaid, bereavement leave policies are at the discretion of the employer.
Jury Duty Leave in Arkansas
Employers must provide unpaid leave for employees summoned for jury duty. Employers cannot penalize employees for attending jury duty and cannot require the use of vacation or sick leave for this purpose. State employees receive paid leave for jury duty.
Military Leave in Arkansas
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Arkansas state law, employers must provide unpaid leave for military service. Public employees receive paid military leave and retain certain benefits during their service.
Voting Leave in Arkansas
Employers must allow employees sufficient time to vote, though this time is unpaid. No advance notice is required, and non-compliance can result in fines.
Arkansas State Holidays in 2024
Arkansas does not require private employers to provide paid holidays. Government employees are entitled to paid holidays or premium pay if they work on state holidays. The state officially observes 10 holidays.