Last updated on: April 27th, 2022
Hours & Pay Regulations
Employers must schedule employee work hours on election day in a way that will allow employees the opportunity to vote. Employers are not required to pay employees for voting leave.
An employee may not be discharged, lose sick leave or vacation time or suffer any other form of a penalty due to absence for jury duty. An employer is not required to pay an employee for jury duty leave.
In addition to the federal USERRA, Arkansas law provides similar job protections to members of the state armed forces, including the National Guard, a reserve component of the armed forces or militia. Employers must grant unpaid leave to state military members when called to active duty in the state as though they had been called to U.S. active duty. An employee must be reinstated to his or her original position upon being released from duty.
An employer may not discharge or discipline a victim (or his or her representative) of any violent crime due to his or her:
- Participation at the prosecuting attorney’s request in preparation for a criminal proceeding; or
- Attendance at a criminal proceeding, if reasonably necessary to protect the interests of the victim.
An employer who provides paternity or maternity leave to biological parents must allow paternity or maternity leave for adoptive parents upon placement of an adoptive child if requested. An employer must grant leave to adoptive parents under the same policies and procedures established for biological parents after the birth of a child, including any benefits provided by the employer. This does not apply to an adoption of a person over 18 years of age by the spouse of a custodial parent, or an adoption of a foster child by the child’s foster parents.
An employer must grant a leave of absence to an employee in order to serve as an organ or bone marrow donor if requested by the employee in writing. Any leave granted is in addition to any medical, personal or other paid leave provided by the employer. Leave must be provided for up to 90 days unless an employer agrees to leave for longer than 90 days. Leave may be paid or unpaid, at the employer’s discretion. If the employer pays the employee’s regular salary or wages during the leave, the employer is entitled to a tax credit of 25 percent of the regular salary or wages paid to the employee while on leave for bone marrow or organ donation. While an employer may grant leave for a period of longer than 90 days, only the wages or salary paid during the first 90 days of the leave are eligible for the credit. The credit must be taken within one year of the date the leave began.