Expanded Arkansas Leave Laws: A Comprehensive Guide for Workers and Employers

Expanded Arkansas Leave Laws: A Comprehensive Guide for Workers and Employers

Introduction

Time away from work can be necessary, meaningful, and—under Arkansas law—legally protected. If you’re having a baby, have been called to jury duty, are serving your country, or stepping up as a crime victim or public servant, your job might be more secure than you think. Many workers (and employers) are unsure of the full scope of Arkansas’s leave laws. This blog post will break down what your rights really are—and what responsibilities your employer has to follow.

While not every type of leave is paid, and not all laws allow you to sue if your rights are violated, knowing what protections DO exist is the first step in making informed choices. Arkansas employers generally have no obligation to disclose your rights, and many of them just may not know. That’s where this guide comes in.

Key Takeaways from Arkansas Leave Laws

·       Arkansas law protects job security for several types of leave, including jury duty, military service, organ donation, crime victim participation, and certain parental leave situations.

·       Not all protected leave is paid, and not every law allows employees to sue—but many still prohibit retaliation or termination.

·       Employers are not required to offer parental leave, but if they do, Arkansas law requires that it be applied equally to biological and adoptive parents.

·       Some workers—like public school educators and state employees—have additional paid leave protections under specific laws or policies.

·       Local, federal, and employer policies (such as FMLA or internal handbooks) often fill gaps left by state law.

·       Because employers usually don’t have to disclose these rights, employees must know when and how to assert them.

·       Retaliation for using legally protected leave may expose employers to serious legal consequences, even if the violation was unintentional.

Maternity and Adoption Leave in Arkansas

Welcoming a child into your home will definitely change your life—and depending on your job, Arkansas leave laws may offer important leave protections. But, as with many employment rights, what you’re entitled to depends on your employer’s policies, your job type, and what the circumstances are.  Here’s what the law says—and what it doesn’t.

Arkansas Code § 9-9-105: Equal Leave for Adoptive Parents

Under Arkansas law, if an employer offers parental leave for biological parents, they must offer equal leave to adoptive parents—no matter their gender.

That means:

• A father (biological or adoptive) is entitled to the same amount and type of leave as a mother—but only if the employer already offers it.
• Employers are not required to offer parental leave at all—but if they do, they must apply the policy equally to adoptive and biological parents.
  Source: Arkansas Code § 9-9-105

Special Provision: Paid Maternity Leave for Arkansas Educators

There’s one exception: full-time public school employees in Arkansas may be eligible for up to 12 weeks of paid maternity leave, including for adoption.

• This benefit is only available to educators who have been employed for at least one year.
• The leave runs concurrently with FMLA—you can’t stack the time, but your job and income are both protected during your leave.
• This includes teachers and certain staff employed by public schools or open-enrollment charter schools.

Source: WorkforceHub article on Arkansas paid leave

 Arkansas leave laws do not guarantee paternity leave

In fact, employers are not required to offer any parental leave at all. But if they do? They’re legally obligated to apply it equally.

Here’s what that means in practice:

·       If an employer provides parental leave to birth mothers, they must extend it to fathers and adoptive parents under Arkansas Code § 9‑9‑105.

·       If an employer offers no parental leave policy, the law does not create a default right to paternity leave.

In other words: Arkansas doesn’t require you to offer leave—but if you do, it has to be fair.

When Policy Fills the Gaps

Many Arkansas workers rely on their employer-provided benefits when they take time off for new children. For example:

·       State employees may qualify for up to 12 weeks of paid maternity leave, but that’s an internal policy—not a statewide mandate. Eligible state employees may qualify for this benefit.

·       Some universities and large employers voluntarily offer paid parental leave to all parents, regardless of gender or how the child enters the family. In contrast, private sector employees generally do not have access to such benefits unless provided by their employer, as the private sector is not subject to the same leave entitlements as public employees.

These policies are generous—but they aren’t required. They vary widely across employers and industries. Vacation leave and paid sick leave are not mandated for private sector employees in Arkansas; these benefits depend on employer policy.

Source: University of Arkansas System parental leave policy

Bottom Line for Fathers in Arkansas

Here’s what to remember:

1. State Law: Arkansas leave laws do not guarantee paid paternity leave, but it prohibits unequal treatment. If leave is given to one parent, it must be extended to the other. Arkansas state law requires equal treatment for adoptive parents if leave is offered.
2. Federal Law (FMLA):While this post focuses on Arkansas law, it’s worth noting that under FMLA, most eligible employees (including fathers) can take 12 weeks of unpaid, job-protected leave for the birth or adoption of a child.
3. Employer Policy Is Key: Realistically, whether a father gets paid time off often depends on where he works. That’s why reviewing your company’s HR manual is just as important as knowing the law. Paid vacation is not required by Arkansas law and is typically determined by the employer.

Military Leave, Service and Job Protection in Arkansas

Military service is one of the highest forms of public duty—but the law says you do NOT have to choose between serving your country and keeping your job. Whether you’re deployed by the federal government or activated by the state, Arkansas law—and federal law—protects your right to return to work. These protections specifically apply to employees called to active duty, ensuring job security during their service.

What the Law Says

Arkansas leave laws closely with the Uniformed Services Employment and Reemployment Rights Act (USERRA)—that’s the federal law that protects members of the National Guard, Reserves, and State Militia from losing their civilian jobs due to military service.

Under both USERRA and Arkansas Code § 12-62-413, your employer is legally required to restore:

·       Your job position (or a comparable one),

·       Your seniority, and

·       Any benefits, pay scale, or accrued time off you would have earned had you not been absent for service.

This protection applies regardless of whether your service is voluntary or involuntary—and even if you’re called up by state activation (not just federal). Employees who require extended military leave for long-term active duty service are entitled to reinstatement to their job after their service ends, preserving their employment rights.

📎 Arkansas Military Leave Statute – Ark. Code § 12-62-413

📎 Federal USERRA Summary – U.S. Department of Labor

What Happens If my Employer Breaks the Law?

If your employer refuses to rehire you after your military service—or retaliates against you in any way—you may have a legal claim. Under Arkansas leave laws, service members can sue their employer and may be entitled to:

·       Back pay for lost wages

·       Job reinstatement

·       Attorney’s fees

·       In some cases, punitive damages

This isn’t just policy violation. It can become a civil rights case, especially if discrimination, retaliation, or malicious treatment is involved.

Organ and Bone Marrow Donation Leave

Donating an organ or bone marrow is one of the most selfless—and life-saving—acts a person can perform. Whether you’re helping a loved one or a stranger, Arkansas law has your back.

Under Arkansas Code § 11-3-205, private employers are required to provide up to 90 days of unpaid leave to employees who are donating an organ or bone marrow. This applies to businesses with one or more employees, meaning even small employers are included. However, it does not apply to public employers, such as state agencies or municipalities.

 What makes this law unique?

Unlike many other leave laws, this one offers a financial incentive for employers. If a private business decides to continue paying an employee’s wages while they are on organ or bone marrow donor leave, that employer may qualify for an Arkansas state tax credit. It’s a rare win-win: workers are supported, and employers are rewarded for doing the right thing.

📎 Arkansas Code § 11-3-205

 Who qualifies?

This law is especially important for employees who aren’t covered by the Family and Medical Leave Act (FMLA). If you work for a small business (fewer than 50 employees) or haven’t been at your job long enough to qualify for FMLA, this state-level protection ensures you can still take time off to donate without fear of losing your job.

 Important details:

• The leave is unpaid unless your employer chooses otherwise.
• You must provide written documentation verifying your status as a donor.
• The leave can be used intermittently or as one continuous block, depending on the medical need.
• The employer must restore the employee to their previous position (or a similar one) once the leave is over.

How to request this leave:

Here’s an example of what an email to your employer might look like:

Hi [Manager Name],
I’m in the process of donating [an organ / bone marrow] and will need to take leave under Arkansas Code § 11-3-205. I’ve attached verification from my physician and would like to begin the leave starting [date]. Please let me know if you need any additional paperwork or documentation.
Thank you for supporting this important step—I truly appreciate it.

Leave for Crime Victims and Their Families: What Arkansas Law Protects

Experiencing a violent crime is life-altering—and the aftermath often requires time, space, and legal involvement. In Arkansas, the law recognizes this reality and protects your right to take time away from work if you, an immediate family member, or a loved one is a victim of certain crimes.

 What the Law Says

Under Arkansas Code § 16-90-1105, as part of Arkansas’s broader employee leave laws, your employer cannot fire, discipline, demote, or retaliate against you for taking time off to:

·       Attend court hearings related to the crime

·       Meet with prosecutors or law enforcement

·       Prepare for legal proceedings

·       Participate in the investigation or prosecution of a violent crime

This protection applies whether you are:

·       The direct victim,

·       A family member,

·       Or a legal representative of the victim.

📎 Arkansas Code § 16-90-1105 – Leave for Crime Victims

Covered crimes include:

·       Sexual assault

·       Child abuse

·       Domestic violence

·       Stalking

·       Other violent offenses

 How Much Do You Have to Tell Your Boss?

This is where things can get delicate. Arkansas law does not require you to disclose specific details of the crime or the proceedings.

Instead, you are entitled to take leave for qualifying reasons without having to explain the trauma behind them. That said, you should give your employer enough information to confirm that you’re using the time lawfully.

If you’re worried about privacy, you can keep your explanation simple and professional.

📬 Sample language you can use:

Hi [Manager Name],
I need to request time off under Arkansas Code § 16-90-1105 to attend legal proceedings related to a personal matter involving a violent crime. I am protected under state law and will need flexibility on the following dates: [list or estimate].
Please let me know if you need any documentation or a written request for your files.
Thank you for your understanding and discretion.

You do not need to provide graphic details, police reports, or victim statements. If your employer demands unnecessary documentation or retaliates against you, it could be grounds for legal action.

 What If Your Employer Pushes Back?

Arkansas law does not outline specific penalties for violating this leave protection, but retaliation could still expose your employer to broader legal claims—especially if it’s tied to:

·       Disability discrimination (related to trauma)

·       Hostile work environment

·       Wrongful termination

These protections and claims are part of the broader framework of Arkansas employment law, which governs employer obligations and employee rights.

If you believe your job is at risk because you’re taking protected leave as a victim or supporter, you may want to:

·       Document all communication

·       Request confirmation in writing

·       Contact a legal advocate or employment attorney (Punchwork is here for this)

Public Service Leave: Answering the Call

What happens if you’re elected to public office or appointed to serve on a state board? Arkansas law ensures you won’t lose your day job. Public service leave allows employees to take a leave of absence while serving, and their job seniority is preserved.

So go ahead and serve your community—your position will be waiting for you.

Other Laws That Protect Your Leave Rights

Military Service Protection Act

This law makes it illegal to discriminate in hiring or employment based on military service, and it allows affected employees to sue for reinstatement, back pay, and punitive damages.

Arkansas Civil Rights Act

If you’re pregnant or have a disability, this act ensures your right to take leave without retaliation. If your employer denies your legally protected time off, you may sue for damages and legal fees.

Employer Notice Requirements

Surprisingly, none of these laws require employers to inform workers of their rights. That’s why it’s critical to know them yourself—and why Punchwork is committed to making them more accessible.

A Note to Employers about Arkansas’s Expanding Leave Laws

As Arkansas leave laws evolve, employers must be proactive—not reactive—in understanding how employee leave rights are shifting. Leave requirements are shaped by both state and federal law, which continue to evolve and impact employer obligations. Recent years have introduced or clarified protections around parental leave, crime victim support, organ donation, and more. These laws apply across industries and often without much fanfare, but even if noncompliance is unintentional—it can still carry consequences.

Among recent legal changes, the Arkansas Uniform Attendance and Leave Policy Act stands out as a key statute affecting public employees, mandating paid sick leave and setting standards for attendance policies in the public sector.

Even if you’re not legally required to offer paid leave, you are still bound by job protection mandates, anti-retaliation laws, and equal treatment standards—especially when it comes to military service, adoption, public service, and civic duties like jury service or voting. Note that certain employment laws, including anti-discrimination protections, specifically apply to employers with nine or more employees.

Now is the time to:

·       Review your employee handbook and HR policies

·       Train managers on notice requirements and protected classes

·       Clarify your stance on paid vs. unpaid leave options

Supporting leave isn’t just compliance—it helps retain employees. Today’s workforce notices when employers stand behind them at their most vulnerable, civic, or life-defining moments. Protecting your people protects your business from legal risk.

Frequently Asked Questions

What if my boss refuses to approve my leave?

It depends on the type of leave. Some laws (like jury duty or military leave) provide strong legal enforcement—you may be able to sue, recover back pay, or file a complaint with a state agency.

Do Arkansas employers have to pay for jury duty leave? No. While your job is protected, the law does not require employers to pay you for time served. Jury duty pay is provided by the court and is separate from the employee’s wages.

Is all parental leave paid in Arkansas? No. Only certain public employees, like educators, are guaranteed paid maternity leave. Other types of leave, such as adoption, may be unpaid unless company policy provides otherwise. Employers are not required to pay wages during unpaid parental leave.

What happens if I donate an organ or bone marrow? You may take up to 90 days of unpaid leave, and your employer might qualify for a tax credit if they pay you during that time.

Can I be fired for missing work due to a court case as a crime victim? No. Employers cannot legally retaliate against you for using this time.

What is the minimum wage in Arkansas? Arkansas law requires employers to pay at least the state minimum wage, which is currently $11.00 per hour. There are exceptions for tipped employees and student workers, who may be paid a lower rate under certain conditions. Employers must comply with minimum wage and recordkeeping requirements.

What if I experience discrimination or unequal treatment at work? Arkansas law prohibits discrimination based on protected characteristics. Employers are required to pay employees equal compensation for equal work, regardless of sex, and must comply with other anti-discrimination protections.  Here is a link to a blog post with more information.

Conclusion:

Protect Your Time, Protect Your Rights.

Life doesn’t pause for work—and Arkansas leave laws recognizes that. Whether you’re growing your family, answering a civic call, serving in the military, donating to save a life, or navigating the aftermath of a violent crime, there are legal protections designed to help you step away from your job without losing it.

Still, these protections aren’t always obvious, paid, or clearly explained. In many cases, the responsibility falls on employees to understand their rights and speak up when something feels wrong. For employers, staying compliant means more than avoiding lawsuits—it means creating policies that treat workers fairly during pivotal moments in their lives.

If you’re unsure which leave laws apply to your situation, or if your request for time off was denied, delayed, or punished, getting legal guidance can make all the difference. Punchwork is here to help you protect your time, your job, and your rights—when it matters most.

Jury Service: Your Rights and Responsibilities in Arkansas

Jury service is a cornerstone of our justice system, and Arkansas leave laws ensure that employees can fulfill this civic responsibility without risking their jobs. When you receive a jury duty summons, Arkansas employers are required to provide you with unpaid time off to serve. While Arkansas law requires employers to excuse employees from work for jury duty, it does not require them to pay for this time—though some employers may choose to do so as a benefit.

To take advantage of jury duty leave, you should present your jury duty summons to your employer as soon as possible. This serves as official proof of your obligation and helps your employer plan for your absence. Remember, Arkansas law prohibits employers from retaliating against employees for serving on a jury, so you cannot be fired, disciplined, or otherwise penalized for fulfilling your civic duty.

Jury duty leave is an important right that allows you to participate in the legal process and support your community, all while knowing your job is protected under Arkansas law.

Organ Donation Leave: What Employees Need to Know

Choosing to donate an organ or bone marrow is a profound act of generosity, and Arkansas leave laws recognize the importance of supporting employees who make this choice. Under the Bone Marrow or Organ Donation Leave Act, Arkansas employees working for employers with 20 or more employees are entitled to unpaid leave for this purpose—up to 90 days for organ donation and up to 7 days for bone marrow donation within any 12-month period.

To qualify, employees must provide written verification from a physician stating the purpose and expected duration of the leave as soon as practicable. Employers may require that you use any accrued paid leave, such as vacation or sick days, at the same time as your organ donation leave. When your leave ends, Arkansas law requires that you be restored to your same or an equivalent position, with the same pay and benefits you had before.

Organ donation leave is a vital benefit that ensures Arkansas employees can make life-saving contributions without sacrificing their job security or benefits. If you’re considering organ or bone marrow donation, check with your HR department to understand how your accrued paid leave may be used alongside this unpaid leave.

Voting Leave: Making Time for Democracy

Participating in elections is a fundamental right, and Arkansas leave laws makes it easier for employees to cast their ballots. Arkansas employers are required to arrange work schedules on election days so that every employee has a reasonable opportunity to vote. This means that if your work hours would otherwise prevent you from voting, your employer must provide you with unpaid leave to ensure you can get to the polls.

You are not required to give advance notice to your employer to take voting leave, but communicating your needs can help with scheduling. While Arkansas law requires employers to provide this accommodation, they are not required to pay employees for time spent voting. By ensuring that work schedules allow for voting, Arkansas law helps protect your right to participate in the democratic process without fear of losing pay or facing workplace consequences.

Bereavement Leave: Navigating Loss and Work

The loss of a loved one is a deeply personal and challenging experience, and many Arkansas employers recognize the need to support employees during such times. However, Arkansas leave laws do not require private employers to provide bereavement leave, whether paid or unpaid. Instead, it is up to each employer to decide whether to offer this benefit and under what terms.

If your employer does provide bereavement leave, it may be paid or unpaid, and the amount of time off can vary. Employees should review their company’s policies or employment contract to understand what is available. For public employees, Arkansas state law may provide for paid bereavement leave, offering additional support during a difficult period.

While Arkansas leave laws do not require private employers to offer bereavement leave, those who do can help foster a compassionate and supportive workplace. If you are facing a loss, reach out to your HR department to learn about your options for taking time away from work.