🇺🇸 Arkansas Paid Leave — 2026 UPDATE

Arkansas Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Arkansas, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in Arkansas How long is paternity leave in Arkansas

Table of Contents

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Introduction

Arkansas does not require private employers to provide paid sick leave, and the state does not operate a paid family and medical leave program. At the federal level, the Family and Medical Leave Act (FMLA), administered by the U.S. Department of Labor Wage and Hour Division, provides eligible employees up to 12 weeks of unpaid, job-protected leave annually. Arkansas has authorized voluntary paid family leave insurance products through Act 850 of 2021, though employer and employee participation is not mandatory. This page compiles current federal requirements applicable in Arkansas alongside state leave provisions, sourced from the Arkansas Department of Labor and Licensing, the Arkansas Legislature, and the U.S. Department of Labor.

For related employment standards in Arkansas, see the Arkansas employment law overview and Arkansas overtime laws.

Quick Reference — Arkansas Paid Leave Snapshot

Arkansas Paid Leave Snapshot (2026)
Category Status
Mandatory Paid Sick Leave No state mandate
Governing Statute No statewide private-sector paid sick leave statute
Administering Agency Arkansas Department of Labor and Licensing — labor.arkansas.gov
Covered Employers N/A — no private-sector mandate
Eligible Employees N/A — no state entitlement
Accrual Rate N/A
Annual Cap N/A
Paid Family & Medical Leave Program No state program
Voluntary PFL Insurance Framework Yes — Act 850 of 2021 (A.C.A. § 23-86-501 et seq.)
PFML Program Name N/A — voluntary insurance products only; federal FMLA baseline
PFML Weekly Benefit (Maximum) N/A — determined by private insurer policy terms
PFML Duration N/A — determined by private insurer policy terms
FMLA Applies Yes (Federal baseline — 29 U.S.C. §§ 2601–2654)
Information Current As Of March 2026

Sources: Arkansas Department of Labor and Licensing — https://www.labor.arkansas.gov/ · U.S. Department of Labor FMLA — https://www.dol.gov/agencies/whd/fmla · Arkansas Legislature — https://www.arkleg.state.ar.us/

Arkansas does not mandate paid sick leave for private-sector employers. No statewide statute requires private employers to provide paid or unpaid sick leave beyond the job-protection provisions of the federal FMLA. Arkansas Act 1116 of 2017, codified at A.C.A. § 14-1-601 et seq., expressly preempts local governments from enacting ordinances that impose minimum employment benefit standards — including paid or unpaid leave requirements — on private employers, foreclosing any municipal sick leave mandate in the state. (Arkansas Legislature, A.C.A. § 14-1-601) Arkansas state government employees accrue sick leave under separate personnel policies administered by the Department of Transformation and Shared Services; those provisions do not apply to private-sector workers.

Arkansas does not operate a state-funded paid family and medical leave program. Workers in Arkansas who need family or medical leave rely on the federal FMLA (Section 4 below) and any employer-provided benefits such as short-term disability insurance or accrued paid time off. (U.S. Department of Labor, State Paid Family & Medical Leave Laws)

Arkansas enacted Act 850 of 2021, codified at A.C.A. § 23-86-501 et seq., which authorizes private insurance carriers to offer voluntary paid family leave insurance products to Arkansas employers and employees. This framework follows the National Council of Insurance Legislators (NCOIL) model. Participation is entirely voluntary — neither employers nor employees are required to enroll, no state payroll contribution is mandated, and no state agency administers benefits. Employers that elect to purchase a voluntary policy for their workforce may provide wage-replacement during qualifying family leave events, but the terms, benefit amounts, and covered reasons are determined by the private insurer’s policy, not by state statute. (Arkansas Legislature, A.C.A. § 23-86-501)

Maternity, Paternity & Parental Leave in Arkansas

How Long Is Maternity Leave in Arkansas?

Maternity leave in Arkansas is governed by the federal FMLA for eligible employees, as the state operates no paid family leave program. Under FMLA, eligible employees at covered employers are entitled to up to 12 workweeks of unpaid, job-protected leave per 12-month period for the birth of a child and to care for a newborn in the first year of life. (29 U.S.C. § 2612(a)(1)(A); U.S. DOL FMLA) Employees who are not FMLA-eligible — because their employer has fewer than 50 employees or they have not met the tenure and hours thresholds — have no federal or state statutory entitlement to maternity leave in Arkansas, absent an employer policy. For FMLA-eligible employees, the total available maternity leave is 12 weeks unpaid. Employees may also use accrued employer-provided PTO or sick leave concurrently if the employer’s policy permits or requires it.

Is Maternity Leave Paid in Arkansas?

Arkansas maternity leave is unpaid under federal law. FMLA leave does not carry a wage-replacement requirement, though job protection and health insurance continuation apply throughout the leave period for eligible employees. (U.S. DOL FMLA) Arkansas has no state program providing wage replacement during maternity leave. Potential sources of income during maternity leave in Arkansas are limited to: (1) employer-provided short-term disability insurance or a voluntary paid family leave insurance policy purchased under the Act 850 framework, if the employer has elected to offer one; (2) employer-provided PTO or paid sick leave under voluntary company policy; and (3) individual private short-term disability policies the employee independently holds. No Arkansas law requires employers to offer any of these options.

Paternity Leave and Parental Leave in Arkansas

Fathers and non-birthing parents in Arkansas have the same FMLA entitlement as birthing parents for child-bonding purposes. Eligible employees may take up to 12 weeks of unpaid, job-protected FMLA leave following the birth, adoption, or foster placement of a child, and this entitlement applies equally regardless of gender. (29 U.S.C. § 2612(a)(1)(A)–(B); U.S. DOL FMLA) Arkansas paternity leave is therefore unpaid under federal law, with no state-funded supplement. FMLA bonding leave must be used within the first 12 months following the child’s birth or placement. Employers that have voluntarily adopted a paid family leave insurance policy under A.C.A. § 23-86-501 may extend paid leave for paternity or parental purposes, but no state law requires this.

For additional context on how leave interacts with Arkansas wage and hour obligations, see Arkansas minimum wage laws.

Federal FMLA in Arkansas

The federal Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601–2654, is the primary — and for most private-sector workers the only — entitlement to family and medical leave in Arkansas. Arkansas FMLA rights are identical to those in every other state: the Act is a federal statute with uniform national application, administered by the U.S. Department of Labor Wage and Hour Division. (U.S. DOL FMLA; 29 C.F.R. Part 825) The DOL Wage and Hour Division’s district office serving Arkansas is located in Little Rock; complaints and inquiries may be submitted online or through that office. (U.S. DOL WHD Office Locator)

FMLA Coverage and Eligibility

Covered employers. FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius of the employee’s worksite, all public agencies regardless of size, and all public and private elementary and secondary schools. (29 U.S.C. § 2611(4); 29 C.F.R. § 825.104)

Eligible employees. To qualify for Arkansas FMLA leave, an employee must have: (1) worked for the covered employer for at least 12 months, which need not be consecutive; (2) worked at least 1,250 hours during the 12-month period immediately preceding the leave; and (3) worked at a location where the employer has 50 or more employees within 75 miles. (29 U.S.C. § 2611(2); 29 C.F.R. § 825.110)

Leave entitlement. Eligible employees are entitled to up to 12 workweeks of FMLA leave in a 12-month period for most qualifying reasons, and up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury or illness. (29 U.S.C. § 2612(a))

Job protection and health insurance. Upon return from FMLA leave, the employee is entitled to restoration to the same or an equivalent position with equivalent pay, benefits, and terms of employment. Employers must maintain group health plan coverage during FMLA leave under the same terms as if the employee had continued working. (29 U.S.C. § 2614)

Qualifying Reasons Under FMLA

FMLA leave is available in Arkansas for the following qualifying reasons (29 U.S.C. § 2612(a)(1)):

  • Birth of a child and care for a newborn within the first 12 months of birth
  • Placement of a child with the employee for adoption or foster care within the first 12 months of placement
  • Care for a spouse, child, or parent with a serious health condition
  • A serious health condition that renders the employee unable to perform the essential functions of the job
  • A qualifying exigency arising from a spouse, child, or parent being on covered active duty or being called to covered active duty status in the Armed Forces
  • Care for a covered servicemember with a serious injury or illness (up to 26 weeks)

A “serious health condition” is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. (29 C.F.R. § 825.113) Pregnancy and prenatal care qualify as serious health conditions under FMLA. (29 C.F.R. § 825.120)

Is FMLA Paid or Unpaid?

Arkansas FMLA leave is unpaid. Federal law does not require employers to compensate employees during FMLA leave. Employers may require — and employees may elect — to substitute accrued paid leave (sick leave, vacation, PTO) concurrently with FMLA leave, to the extent consistent with the employer’s established paid leave policies. (29 U.S.C. § 2612(d); 29 C.F.R. § 825.207) Arkansas has no state program that supplements or replaces the unpaid nature of FMLA leave, though employers who have purchased a voluntary paid family leave policy under A.C.A. § 23-86-501 may provide wage replacement that runs concurrently with FMLA.

Does FMLA Apply to Small Businesses in Arkansas?

FMLA does not apply to private Arkansas employers with fewer than 50 employees within a 75-mile radius of the employee’s worksite. (29 U.S.C. § 2611(4)(A)(i)) Arkansas has no state family and medical leave law that extends coverage to smaller employers. Employees at small businesses in Arkansas — those with fewer than 50 employees — have no statutory entitlement to job-protected family or medical leave under either federal or Arkansas law. Small-employer workers may nonetheless have access to leave under a voluntarily adopted employer policy or a voluntary paid family leave insurance product under A.C.A. § 23-86-501, if the employer has elected to offer one.

FMLA Notice and Certification Requirements

Employee notice. When the need for FMLA leave is foreseeable, employees must provide at least 30 days’ advance notice. When leave is unforeseeable, notice must be given as soon as practicable under the circumstances. (29 C.F.R. §§ 825.302–825.303)

Employer designations. Upon receiving sufficient information that leave may be FMLA-qualifying, employers must notify the employee within five business days of eligibility status, rights and responsibilities, and whether the leave will be designated as FMLA leave. (29 C.F.R. § 825.300)

Medical certification. Employers may require medical certification from a health care provider to substantiate a serious health condition. The employee has 15 calendar days to provide completed certification. Recertification may be requested no more often than every 30 days in connection with an absence. (29 C.F.R. §§ 825.305–825.308)

Intermittent leave. FMLA leave may be taken intermittently or on a reduced leave schedule when medically necessary for a serious health condition or when appropriate for a qualifying reason. (29 U.S.C. § 2612(b); 29 C.F.R. § 825.202)

Anti-retaliation. It is unlawful for employers to interfere with, restrain, or deny the exercise of FMLA rights, or to discharge or discriminate against any employee for opposing a practice made unlawful by FMLA. (29 U.S.C. § 2615)

Source: U.S. Department of Labor — https://www.dol.gov/agencies/whd/fmla · 29 C.F.R. Part 825 — https://www.ecfr.gov/current/title-29/part-825

Other Protected Leave Categories in Arkansas

Bereavement Leave

Arkansas imposes no statutory bereavement leave obligation on private employers. No state law requires private employers to provide paid or unpaid bereavement leave. Any bereavement leave available in Arkansas private-sector workplaces is provided through employer policy.

Jury Duty Leave

A.C.A. § 16-31-106 prohibits employers from discharging or threatening to discharge an employee for responding to a summons for jury duty or for serving as a juror. Arkansas law does not require employers to compensate employees during jury service; whether to pay during jury duty is left to employer policy. (Arkansas Legislature, A.C.A. § 16-31-106)

Voting Leave

A.C.A. § 7-1-102 provides that employees are entitled to take sufficient time off to vote on election days when their work schedule does not allow at least three hours of non-work time while polls are open. Employers are not mandated to pay employees for voting leave under this statute. (Arkansas Legislature, A.C.A. § 7-1-102)

Domestic Violence Leave

Arkansas has no standalone paid or unpaid domestic violence leave statute for private-sector employees. Employees in qualifying circumstances may access FMLA leave if their own or a covered family member’s condition meets the serious health condition standard under 29 C.F.R. § 825.113. (U.S. DOL FMLA)

Military Leave

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301–4335, provides job protection and reemployment rights for employees returning from qualifying military service and applies to all Arkansas employers regardless of size. (U.S. DOL VETS, USERRA) Arkansas state law at A.C.A. § 21-4-212 and A.C.A. § 12-62-413 provides additional leave rights for members of the Arkansas National Guard employed in state government positions; private employers are governed by USERRA only. (Arkansas Legislature, A.C.A. § 21-4-212)

2026 Updates & Recent Legislative Changes

What Changed in Arkansas Leave Laws in 2025–2026?

As of March 2026, Arkansas has not enacted paid sick leave or paid family and medical leave legislation for private-sector workers. No amendments to the leave framework applicable to private employers were enacted during the 2025 regular legislative session. The state’s local preemption statute, A.C.A. § 14-1-601, enacted in 2017, remains in effect. The voluntary paid family leave insurance framework under A.C.A. § 23-86-501, enacted in 2021, continues as the sole state-level leave authorization affecting private employers, and it imposes no obligations on employers or employees. (Arkansas Legislature, A.C.A. § 14-1-601; A.C.A. § 23-86-501)

At the federal level, FMLA regulations administered by the U.S. DOL Wage and Hour Division remain unchanged for 2026. (U.S. DOL FMLA)

Pending Legislation

The Arkansas Legislature’s 2026 fiscal session is limited in scope under the Arkansas Constitution to appropriations and revenue measures; substantive paid leave legislation would generally require a regular session or a call for a special session. As of March 2026, no enacted PFML legislation is in effect. Current bill tracking is available through the Arkansas Legislature at https://www.arkleg.state.ar.us/.

How to File a Leave Complaint in Arkansas

Filing an FMLA Complaint

FMLA complaints are filed with the U.S. Department of Labor Wage and Hour Division, which investigates alleged violations including interference with FMLA rights and retaliation for exercising FMLA rights.

FMLA complaints are subject to a two-year statute of limitations, extended to three years for willful violations. (29 U.S.C. § 2617(c); U.S. DOL FMLA)

Arkansas Department of Labor and Licensing — Wage and Hour Division

The Arkansas Department of Labor and Licensing administers state wage payment laws under A.C.A. § 11-4-401 et seq. (Arkansas Wage Payment Law) and handles complaints related to unpaid wages and other labor standards. The Department does not administer a state paid leave program but serves as the state labor agency for general employment law inquiries and wage complaints.

For Arkansas wage and hour obligations more broadly, see Arkansas employment law.

Interstate Considerations for Remote Workers

Paid leave laws generally apply based on where the employee physically performs work, not where the employer is headquartered. An Arkansas-based employee working remotely for an employer headquartered in a state with mandatory paid sick leave — such as California (California paid leave laws) — is generally not entitled to that state’s sick leave protections unless work is physically performed within that state’s jurisdiction. Similarly, an employee of an Arkansas employer who temporarily performs work in a state with a paid leave mandate may become subject to that state’s requirements.

Neighboring states likewise have no state paid leave programs: Texas (Texas paid leave laws) and Louisiana (Louisiana paid leave laws) are both Category C FMLA-only states. Multi-state employers with Arkansas employees should review the DOL’s state PFML resource at https://www.dol.gov/agencies/wb/paid-leave/State-Paid-Family-Medical-Leave-Laws for any states in which their remote workers are located. For remote work law requirements applicable to Arkansas, see Arkansas remote work laws.

Frequently Asked Questions — Arkansas Paid Leave

How does FMLA work in Arkansas?

The federal FMLA entitles eligible employees at covered Arkansas employers to up to 12 weeks of unpaid, job-protected leave per year for qualifying family or medical reasons. Arkansas has no state family leave law supplementing FMLA. Covered employers are private employers with 50 or more employees within 75 miles and all public agencies. (U.S. DOL FMLA)

How long is maternity leave in Arkansas?

Maternity leave in Arkansas is up to 12 weeks under the federal FMLA for eligible employees; no state-funded paid maternity leave program exists. FMLA leave is unpaid and requires the employee to have worked at least 12 months and at least 1,250 hours in the prior year for a covered employer. (29 U.S.C. § 2612)

Is maternity leave paid or unpaid in Arkansas?

Maternity leave in Arkansas is unpaid under federal FMLA. Arkansas has no state program providing wage replacement. Options for paid maternity leave are limited to employer-provided benefits such as short-term disability insurance or PTO, or a voluntary paid family leave insurance policy the employer has elected to purchase under A.C.A. § 23-86-501. (Arkansas Legislature, A.C.A. § 23-86-501)

Who is eligible for FMLA in Arkansas?

Eligible employees in Arkansas must have worked for a covered employer for at least 12 months, logged at least 1,250 hours in the preceding 12 months, and work at a site where the employer has 50 or more employees within a 75-mile radius. All three conditions must be met. (29 C.F.R. § 825.110)

Is FMLA leave paid in Arkansas?

FMLA leave is unpaid. Employers may require — and employees may elect — to use accrued paid leave concurrently with FMLA leave. Arkansas has no state program making FMLA leave paid, though employers with a voluntary paid family leave insurance policy may provide concurrent wage replacement. (29 U.S.C. § 2612(d))

Does Arkansas have paid sick leave?

Arkansas does not have a statewide paid sick leave law for private-sector workers. No statute requires private employers to provide paid or unpaid sick leave. A.C.A. § 14-1-601 also preempts local governments from enacting paid leave ordinances. (Arkansas Legislature, A.C.A. § 14-1-601)

Does Arkansas have paid family leave?

Arkansas does not operate a state paid family and medical leave program. A voluntary paid family leave insurance framework exists under A.C.A. § 23-86-501, but it imposes no obligation on employers or employees and is not a state-run benefit. Workers rely on the federal FMLA for job-protected leave. (U.S. DOL, State PFML Laws)

How many sick days are required in Arkansas?

Arkansas law does not require private employers to provide any sick days. There is no minimum sick leave entitlement under state law; sick leave, if available, is governed entirely by employer policy.

Does FMLA apply to small businesses in Arkansas?

FMLA does not apply to private Arkansas employers with fewer than 50 employees within a 75-mile radius. Arkansas has no state family leave law with a lower employer-size threshold. Employees at small businesses have no statutory entitlement to job-protected family or medical leave under federal or Arkansas law. (29 U.S.C. § 2611(4))

How long is paternity leave in Arkansas?

Paternity leave in Arkansas is governed by the federal FMLA, which provides up to 12 weeks of unpaid, job-protected leave for eligible employees following the birth, adoption, or foster placement of a child. This entitlement applies equally to fathers and non-birthing parents. There is no state-funded paid paternity leave program in Arkansas. (29 U.S.C. § 2612(a)(1))

Can an employer deny paid sick leave in Arkansas?

Arkansas employers are under no legal obligation to provide paid sick leave. If an employer voluntarily offers paid sick leave, the terms — including when leave may be denied — are governed by the employer’s own policy, not state statute.

Is paid sick leave available to part-time employees in Arkansas?

Arkansas has no paid sick leave law, so there is no state entitlement for full-time or part-time employees. Any paid sick leave available to part-time workers in Arkansas is provided through employer policy only.

Does Arkansas have any paid leave requirements for employers?

Arkansas does not impose paid sick leave or paid family leave requirements on private employers. The primary state leave obligation on private employers is the prohibition on discharge for jury service under A.C.A. § 16-31-106. (Arkansas Legislature, A.C.A. § 16-31-106)

What is the Arkansas voluntary paid family leave insurance program?

Arkansas Act 850 of 2021, codified at A.C.A. § 23-86-501 et seq., authorizes private insurance carriers to offer paid family leave insurance products to Arkansas employers and employees on a voluntary basis. This is not a state-run program; there is no state benefit, no mandatory payroll contribution, and no administering state agency. Employers that voluntarily purchase a qualifying policy may offer employees wage replacement during family leave events per the policy terms. (Arkansas Legislature, A.C.A. § 23-86-501)

What options exist for paid maternity leave in Arkansas?

Options for paid maternity leave in Arkansas are limited to: (1) employer-provided short-term disability insurance covering the period of medical inability to work due to pregnancy and childbirth; (2) a voluntary paid family leave insurance policy the employer has purchased under A.C.A. § 23-86-501; (3) employer-provided PTO or paid sick leave under voluntary company policy; and (4) individually held private disability policies. Arkansas law does not require employers to offer any of these options. (U.S. DOL, Women’s Bureau Paid Leave)

How long is maternity leave in Arkansas without paid family leave?

For FMLA-eligible employees, maternity leave is up to 12 weeks unpaid. For employees not FMLA-eligible — due to working for an employer with fewer than 50 employees or not meeting tenure or hours thresholds — there is no statutory entitlement to any maternity leave under federal or Arkansas law. (29 U.S.C. § 2612)

Is there a waiting period before using FMLA in Arkansas?

There is no waiting period after meeting FMLA eligibility once a qualifying event occurs. The eligibility thresholds — 12 months of employment and 1,250 hours worked — must be satisfied before leave commences, but once met, leave may begin immediately upon a qualifying reason arising. (29 C.F.R. § 825.110)

Sources & Verification Log

Arkansas Paid Leave Laws — Sources & Verification Log
Section Source URL Date Verified
Paid Sick Leave — No State Mandate Arkansas Department of Labor and Licensing https://www.labor.arkansas.gov/ March 2026
Paid Sick Leave — Preemption Statute Arkansas Legislature, A.C.A. § 14-1-601 https://www.arkleg.state.ar.us/ March 2026
PFML — No State Program U.S. Department of Labor, State PFML Laws https://www.dol.gov/agencies/wb/paid-leave/State-Paid-Family-Medical-Leave-Laws March 2026
Voluntary PFL Insurance Framework Arkansas Legislature, A.C.A. § 23-86-501 (Act 850 of 2021) https://www.arkleg.state.ar.us/ March 2026
FMLA — Coverage & Eligibility U.S. DOL Wage and Hour Division https://www.dol.gov/agencies/whd/fmla March 2026
FMLA — Regulations 29 C.F.R. Part 825 (eCFR) https://www.ecfr.gov/current/title-29/part-825 March 2026
Jury Duty Leave Arkansas Legislature, A.C.A. § 16-31-106 https://www.arkleg.state.ar.us/ March 2026
Voting Leave Arkansas Legislature, A.C.A. § 7-1-102 https://www.arkleg.state.ar.us/ March 2026
Military Leave — State Provision Arkansas Legislature, A.C.A. § 21-4-212; A.C.A. § 12-62-413 https://www.arkleg.state.ar.us/ March 2026
USERRA U.S. Department of Labor VETS https://www.dol.gov/agencies/vets/programs/userra March 2026
Legislative Tracking Arkansas Legislature Bill Search https://www.arkleg.state.ar.us/ March 2026
FMLA Complaints U.S. DOL WHD Complaints https://www.dol.gov/agencies/whd/contact/complaints March 2026
Labor Standards — State Wage Complaints Arkansas Department of Labor and Licensing https://www.labor.arkansas.gov/divisions/labor-standards/ March 2026
Interstate / Remote Workers U.S. DOL Women's Bureau https://www.dol.gov/agencies/wb/paid-leave/State-Paid-Family-Medical-Leave-Laws March 2026

Others

California
Nebraska
Kentucky
Mississippi
Iowa
North Carolina
Wisconsin
Virginia
Alabama
Indiana
Maryland
Louisiana
Idaho
Utah
Nevada
Missouri

This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in Arkansas is recommended. Last updated: March 2026.