Arkansas Family and Medical Leave Laws

Like employers in every state, Arkansas employers must comply with the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.

In addition, many states have their own laws that require employers to provide time off for family and medical reasons. In Arkansas, employees have the legal right to take time off for the purpose of bone marrow or organ donation, in addition to the the rights guaranteed by the FMLA.

Federal FMLA Rights

Arkansas employees who are eligible may take up to 12 weeks of leave for serious health conditions, bonding with a new child, or preparation for a family member's military service; more leave is available for employees who need to care for a family member who was seriously injured on active military duty. For detailed information on FMLA leave, see Taking Family and Medical Leave.

Who Is Covered?

Arkansas employers must comply with the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees are eligible for FMLA leave if:

• they have worked for the company for at least a year
• they worked at least 1,250 hours during the previous year, and
• they work at a location with at least 50 employees within a 75-mile radius.

Reasons for Leave

FMLA leave is available if an employee needs time off to:

• bond with a new child
• recuperate from a serious health condition
• care for a family member with a serious health condition
• handle qualifying exigencies arising out of a family member's military service, or
• care for a family member who suffered a serious injury during active duty in the military. (You can find more information on these last two types of leave in Military Family Leave for Employees.)

How Much Leave Is Available?

Employees in Arkansas may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements explained above.

Employees who need military caregiver leave may take up to 26 weeks of leave in a single 12-month period. However, this leave is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take an additional leave for this purpose.

Leave and Reinstatement Rights

Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. Although FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave.

When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.

Bone Marrow and Organ Donation Leave in Arkansas

For employees who are not covered by the FMLA, Arkansas law requires employers to grant an unpaid leave of absence to an employee for up to 90 days for the purposes of bone marrow donation or organ donation.

Employers may grant longer absences (or make such absences paid) at their discretion.

If You Need Leave

If you think you might need FMLA leave, you should inform your manager and/or HR department right away. Get a copy of the company's FMLA policy and find out what forms you'll need to complete. The FMLA imposes notice and paperwork requirements on both employees and employers, so it's important to act quickly.