Navigating time off and leave laws in Arkansas can be confusing because the state has very few specific rules. Most decisions are left up to individual employers. This guide from Day Off explains how Paid Time Off (PTO) and different types of leave, including vacation, sick leave, maternity and paternity leave, bereavement, jury duty, military, and voting leave — work in Arkansas. By knowing both state and federal guidelines, employers and employees can stay compliant and maintain fair workplace practices.
Paid Time Off (PTO) in Arkansas
Arkansas does not have a state law that requires employers to provide PTO. Whether it’s vacation days, personal time, or general paid leave, offering PTO is up to each employer. However, once an employer creates a PTO policy or includes it in an employment contract, that policy becomes binding.
Leave Quota
Employers are not required to offer a specific number of vacation days. Many companies choose to offer paid leave as part of their benefits package, but it’s completely voluntary. If an employer offers PTO, the terms, including how it’s earned and used, must follow the company’s own written policy or the employee’s contract.
Accrual of Leave
There is no state rule on how vacation days must accrue. Employers can decide how employees earn their time off, whether through monthly accrual or as a lump sum each year. They can also place limits on how much PTO employees can save. Arkansas law does not require employers to pay out unused vacation or sick time when an employee leaves, unless company policy or the employment agreement promises it.
Rollover or “Use It or Lose It”
Employers in Arkansas are not obligated to let employees carry over unused leave to the next year. Companies can choose to implement a “use-it-or-lose-it” policy, where unused time off expires at year’s end. As long as the rule is clearly stated and applied fairly, it is allowed.
Payment for Unused PTO at Termination
State law does not force employers to pay out unused PTO when an employee resigns or is terminated. The payout depends entirely on the employer’s own policy. Arkansas courts have ruled, however, that if a company promises vacation accrual or payout in its plan or handbook, it must honor that promise (as seen in Oil Fields Corp. v. Hess and Waymack v. KCLA).
Sick Leave in Arkansas
Federal Law
Under the federal Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave each year for their own serious health condition or to care for an immediate family member. To qualify, an employee must have worked at least 12 months, logged 1,250 hours during the past year, and work at a location with 50 or more employees within 75 miles.
State Law
Arkansas does not have its own sick leave law for private-sector employees. This means private employers are not required to provide paid or unpaid sick leave. However, if a company chooses to offer sick leave, it must follow the terms laid out in its own policies or contracts.
Public employees, such as those working for state agencies, do receive paid sick leave under the Arkansas Uniform Attendance and Leave Policy Act, which covers personal illness, family care, and medical appointments.
Maternity, Paternity, and Family Leave
Federal Rules
The FMLA also covers family-related leave, allowing eligible employees up to 12 weeks of unpaid time off for the birth, adoption, or foster placement of a child. The Pregnancy Discrimination Act (PDA) further protects employees by requiring that pregnancy and related medical conditions be treated like any other temporary disability.
State Provisions
Arkansas does not have a separate law requiring private employers to offer paid or unpaid maternity or paternity leave. However, the Arkansas Civil Rights Act protects against discrimination based on pregnancy or gender.
In addition, under the state’s Adoptive Parent Leave law, if an employer provides parental leave to biological parents, it must offer the same benefit to adoptive parents. Public employees may also use their accrued leave for maternity purposes if requested.
Bereavement Leave
There are no Arkansas laws that require employers to provide bereavement leave, whether paid or unpaid. Any leave for a death in the family depends on the company’s internal policy. Some employers choose to offer a few days of paid time off for close family members, but it is not mandated by law.
Jury Duty Leave
Arkansas law requires employers to allow employees time off for jury duty. While private employers do not have to pay employees for this time, they cannot punish or fire anyone for serving. They also cannot force employees to use vacation or sick days for jury service. Public employees, on the other hand, receive paid leave while on jury duty.
Military Leave
Both federal and state laws protect employees who serve in the military. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Arkansas state law, employees must be granted unpaid leave for military duties and are entitled to reinstatement once they return. Public employees receive paid military leave for a limited period and continue to accrue certain benefits during their service.
Voting Leave
Arkansas law requires employers to give employees enough time to vote, but this time off does not have to be paid. Employees are not required to give advance notice, and employers who prevent workers from voting can face fines.
Arkansas State Holidays in 2026
Private employers in Arkansas are not required to provide paid holidays or extra pay for working on a holiday. Public employees, however, are entitled to paid time off on state holidays or premium pay if they must work. In 2026, Arkansas observes ten official state holidays, including New Year’s Day, Independence Day, Thanksgiving, and Christmas.
Frequently Asked Questions (FAQ)
Do employers have to give paid vacation in Arkansas?
No, they don’t. Arkansas law doesn’t require private employers to offer paid vacation or PTO. It’s completely optional. However, if an employer chooses to provide vacation or PTO benefits, they must follow their written policy or employment agreement exactly as stated.
Can unused vacation days expire?
Yes. Employers in Arkansas can set “use-it-or-lose-it” rules, meaning unused vacation days expire at the end of the year or at another set date. As long as this policy is clear and applied fairly, it’s perfectly legal. It’s always smart for employees to use their earned time before it expires.
Are employees entitled to paid sick days?
No state law requires paid sick leave for private-sector workers. Some companies include sick time as part of their PTO policy, while others don’t. Public employees do have access to paid sick leave through state policy, but private employers can decide whether to offer it.
Do I get paid for unused vacation when I leave my job?
Not automatically. Arkansas doesn’t require employers to pay out unused vacation or PTO at the end of employment. However, if a company’s handbook or contract promises that employees will be paid for unused time, the employer must honor that agreement.
Is there paid maternity or paternity leave in Arkansas?
No. Arkansas doesn’t have a state program for paid parental leave. Eligible employees can take unpaid leave under the FMLA for childbirth, adoption, or foster placement. Employers can choose to offer paid family leave voluntarily, but they aren’t legally required to.
Can an employer fire someone for serving on a jury or in the military?
No. It’s illegal for an employer to punish or fire someone for serving on a jury or performing military duties. These activities are protected under both federal and state law. Employees returning from military service also have the right to be reinstated to their former position under USERRA.
Are part-time employees covered by these leave laws?
Part-time employees are covered by some protections but not all. For example, most part-time workers don’t qualify for FMLA because they haven’t worked enough hours. Whether they receive PTO or other types of leave depends on the employer’s policy, not state law.
Do employers have to provide paid holidays?
No. Private employers are not required to offer paid holidays or extra pay for working on a holiday. Some companies choose to offer holiday pay as a benefit to attract and retain employees, but it’s not required by law. State and local government employees, however, do receive paid holidays.
Can an employer force employees to use vacation time for jury duty?
No. Arkansas law does not allow employers to make employees use their vacation or sick leave for jury service. Employees must be allowed unpaid time off for jury duty without losing other leave benefits.
How does voting leave work in Arkansas?
Employers must give employees enough time off to vote if their work schedule would otherwise prevent them from doing so. The time off doesn’t have to be paid, but employers cannot stop employees from voting or punish them for it.
What if an employer breaks its own leave policy?
If a company fails to follow its own written leave policy, it could face a breach of contract claim or other legal consequences. Employees should document any violations and may contact the Arkansas Department of Labor or an employment attorney for guidance.
Do remote employees working in Arkansas have the same rights?
Yes. Remote employees based in Arkansas are covered by the same state and federal leave laws as on-site employees. However, if a company is located in another state, that state’s leave laws may also apply depending on where the employee officially works.
What’s the best way for employees to protect their leave rights?
Always keep a copy of your company’s handbook or written leave policy. If something seems unclear, ask HR for clarification in writing. Knowing your employer’s policies, and how they align with state and federal laws, is the best way to make sure you’re treated fairly.
Final Thoughts
Arkansas gives employers a great deal of flexibility when it comes to managing leave, but that also means employees must pay close attention to company policies. For employers, having a clear, written policy ensures fairness and compliance. For employees, understanding those policies and how they interact with federal laws helps protect your rights and ensures you get the time off you’re entitled to.