Attendance and Leave

Ark. Code Ann. tit. 21, ch. 4

in effect

Ark. Code Ann. § 21-4-101 Leave of absence for public service.

(a) Any person who is employed by any person, firm, or corporation in the State of Arkansas shall be granted a leave of absence, upon the election of any such employee to a public office in the State of Arkansas, or upon appointment by the Governor of any such person to a board or commission in the State of Arkansas, which office requires the employee's absence from their employment. (b) The leave of absence shall be for such period as the employee may request, not to exceed the duration of the term of office to which the employee has been elected. (c) The granting of the leave of absence by the employer shall not be held to impair the employee's seniority rights of the job, nor shall the departmental seniority of the employee be broken for job purposes.

Ark. Code Ann. § 21-4-102 Leave of absence for certain training programs.

(a)(1) All employees of the state, as defined in § 21-4-203, or of any of its political subdivisions, who desire to take a leave of absence for the purpose of participating in the military training programs made available by the National Guard or any of the reserve and auxiliary branches of the armed forces and all state employees who are members of the United States Public Health Service Ready Reserve Corps who desire to take a leave of absence for the purpose of participating in the civil defense and public health training programs made available by the United States Public Health Service shall be entitled to such a leave of absence for a period of fifteen (15) days plus necessary travel time for annual training requirements or other duties performed in an official duty status in any one (1) calendar year. (2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of the calendar year. (b)(1) Whenever any employee is granted a leave of absence under the provisions of this section, he or she shall be entitled to his or her regular salary during the time he or she is away from his or her duties during such leave of absence. (2) The leave of absence shall be in addition to the regular vacation time allowed to the employee. (c)(1) Employees called to duty in emergency situations by the Governor or by the President of the United States shall be granted leave with pay not to exceed thirty (30) working days, after which leave without pay will be granted. This leave shall be granted in addition to all other leave the employee shall be entitled to. (2) “Emergency situations” shall have the same meaning as in § 21-4-212. (d)(1) During a leave of absence, the employee shall be entitled to preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which they have become entitled. (2) The period of military service shall, for purposes of computations to determine whether such person may be entitled to retirement benefits, be deemed continuous service and the employee shall not be required to make contributions to any retirement fund. (3) The state or political subdivision shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained. (e) Whenever any employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under the provisions of this section, the military leave will accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of military leave days available in any one (1) calendar year or fiscal year to be thirty (30) days.

Ark. Code Ann. § 21-4-103 Service credit for former Office of Child Support Enforcement contractors.

Any employee of the Office of Child Support Enforcement who was formerly employed by a public contractor with a contract in effect as of January 1, 1998, with the office and who moved from employment with the public contractor to employment with the office without a break in service shall be entitled to credit for service for the time he or she was employed by the contractor for the purpose of establishing eligibility for annual leave accrual and career service awards to the same extent as regular state employees.

Ark. Code Ann. § 21-4-104 Leave of absence for emergency and rescue services.

(a) An employee of the state, a city of the first class, a city of the second class, an incorporated town, a county, or a school district who is a member of: (1) The United States Civil Air Patrol or the United States Coast Guard Auxiliary and desires to take a leave of absence for the purpose of participating in a training program for the United States Civil Air Patrol or the United States Coast Guard Auxiliary or in emergency and rescue services shall be entitled to a leave of absence with pay for a period of fifteen (15) days for that purpose during any one (1) calendar year, if the leave of absence is at the request of the employee's wing commander, the wing commander's designated representative, or District 15 Captain; or (2) The National Disaster Medical System, a Disaster Mortuary Operational Response Team, or a Disaster Medical Assistance Team, of the Office of Emergency Management of the United States Office of the Assistant Secretary for Preparedness and Response of the United States Department of Health and Human Services and desires to take a leave of absence for the purpose of participating in a training program in emergency and rescue services shall be entitled to a leave of absence with pay for a period of fifteen (15) days for that purpose during any one (1) calendar year, if the leave of absence is in response to a United States Department of Health and Human Services National Disaster Team Alert Order. (b)(1) If an employee is granted a leave of absence under this section, the employee shall be entitled to his or her regular salary during the time the employee is away from his or her duties during the leave of absence. (2) The leave of absence shall be in addition to the regular vacation time allowed to the employee. (c) During a leave of absence, the employee shall be entitled to preserve: (1) All seniority rights, efficiency or performance ratings, promotional status, retirement privileges, and life and disability insurance benefits; and (2) Any other rights, privileges, and benefits to which he or she has become entitled. (d) For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of the leave of absence shall be deemed continuous service. (e) The state, city, county, or school district shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

Ark. Code Ann. § 21-4-105 Leave of absence for reexamination or treatment of service-connected disability.

(a) All employees of the State of Arkansas, as defined in § 21-4-203, who have been rated by the United States Department of Veterans Affairs or its predecessor to have incurred a military service-connected disability and have been scheduled by the department to be reexamined or treated for the disability shall be entitled to a leave of absence with pay for a period not to exceed six (6) days for that purpose during any one (1) calendar year. (b)(1) If an employee receives a leave of absence under this section, the employee shall be entitled to his or her regular salary during the time the employee is away from his or her duties during the leave of absence. (2) The leave of absence shall be in addition to the regular annual leave and sick leave allowed to the employee. (c) During a leave of absence, the employee shall be entitled to preserve: (1) All seniority rights, efficiency or performance ratings, promotional status, retirement privileges, and life and disability insurance benefits; and (2) Any other rights, privileges, and benefits to which he or she has become entitled. (d) For purposes of computations to determine whether the employee may be entitled to retirement benefits, the period of the leave of absence shall be deemed continuous service. (e) The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

Ark. Code Ann. § 21-4-106 Healthy Employee Lifestyle Program — Definitions.

(a) As used in this section: (1) “Employee” means a full-time employee of the State of Arkansas or any branch, department, agency, board, bureau, including the Bureau of Legislative Research, or commission of any branch of state government; (2) “Healthy Employee Lifestyle Program” means the incentive program of the Department of Transformation and Shared Services that encourages and rewards an employee for regular exercise, good nutrition, and other healthy lifestyle choices; and (3) "State entity" means a department, agency, bureau, including the Bureau of Legislative Research, board, or commission of any branch of state government. (b)(1) The department shall: (A) Manage the Healthy Employee Lifestyle Program ; and (B) Assist state entities in the administration of the Healthy Employee Lifestyle Program. (2) On or before July 1, 2026, a state entity shall allow for employee participation in the Healthy Employee Lifestyle Program. (c)(1) The department shall determine appropriate methods to reward employees who satisfactorily complete the requirements of the Healthy Employee Lifestyle Program. (2) A reward under subdivision (c)(1) of this section may include up to twenty-four (24) hours of leave per calendar year. (3) The leave granted under subdivision (c)(2) of this section shall be used within six (6) months of approval. (4) The leave granted under subdivision (c)(2) of this section is not compensable at termination. (d) Each state entity shall identify and maintain, if practicable, in or near each agency building an area or areas that employees may use for walking exercise.

Ark. Code Ann. § 21-4-107 Paid leave for firefighters with occupationally caused cancer.

(a)(1) A paid firefighter for the state or any political subdivision of the state who has completed five (5) or more years of employment as a paid firefighter shall be granted a minimum of one thousand four hundred fifty-six (1,456) hours of paid leave upon the initiation of treatment for an occupationally caused cancer. (2) Paid leave for occupationally caused cancer under subdivision (a)(1) of this section: (A) Does not reduce the accrued sick leave or annual vacation leave of the firefighter; (B) Does not impact any other employment benefit of the firefighter; and (C) May be transferred from a catastrophic leave bank of a fire department that provides a catastrophic leave program if the catastrophic leave program meets the requirements of this subdivision (a)(2). (3) A firefighter is considered to have an occupationally caused cancer if the firefighter: (A) While in the official line of duty, was exposed to a known carcinogen as determined by the Department of Health in consideration with the findings of the International Agency for Research on Cancer; and (B) Has a disability or an impairment of health as a result of a diagnosis of a cancer listed in § 21-5-705(a)(3)(A)(i). (4) A firefighter is not entitled to paid leave under subdivision (a)(1) of this section if the firefighter's cancer: (A)(i) Did not result from the firefighter's employment with the state or political subdivision of the state. (ii)(a) An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter. (b) To rebut the presumption under subdivision (a)(4)(A)(ii)(a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or (B) Did result from the firefighter's employment with the state or political subdivision of the state, but workers' compensation is provided for the occupationally caused cancer. (b)(1)(A) A fire department may participate in a firefighter cancer relief network created and governed by the Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc. (B) A firefighter cancer relief network under subdivision (b)(1)(A) of this section shall be established by September 1, 2019. (2) A fire department that participates in a network under subdivision (b)(1) of this section may provide a firefighter to a requesting fire department to relieve a firefighter granted leave under this section and employed by the requesting fire department, if: (A) The fire department that provided the firefighter continues to pay the firefighter's regular rate of pay and benefits, including without limitation any overtime compensation; (B) The firefighter provided by the fire department continues to be covered by all applicable laws; and (C) The fire department that requested the firefighter provides evidence to the fire department that provided the firefighter of substantial adverse budgetary impact without relief as the result of granting paid leave under this section.

Ark. Code Ann. § 21-4-202 Legislative intent.

It is the purpose and intent of this subchapter to establish a uniform attendance and leave policy for all affected state employees of agencies, boards, and commissions covered by the provisions of this subchapter.

Ark. Code Ann. § 21-4-205 Annual leave — Unused leave.

(a)(1) Except as provided in subdivision (a)(2) of this section, whenever an employee is separated from the state agency by reason of resignation, layoff, termination of appointment, or dismissal, the unused annual leave to his or her credit as of his or her last duty date shall be liquidated by a lump-sum payment, not to exceed thirty (30) working days, inclusive of holidays. (2) Unused annual leave to the credit of the following shall be liquidated by a lump-sum payment, not to exceed forty-five (45) working days, inclusive of holidays: (A) A fire and emergency service employee under § 21-4-204(a)(2); and (B) A critical-need employee. (b)(1) Unused accumulated annual leave of a deceased employee, not to exceed thirty (30) days, shall be payable either to the estate of the deceased or to an individual authorized to receive such payment. (2) Payment for services of an employee on leave with pay status at the time of death shall continue through close of business on the day of demise. (3) No payment shall be made in any case until it shall have been determined that the deceased was not indebted to the agency. (4) A voucher shall be prepared for the money due to be made payable either to the estate of the deceased or to an individual authorized to receive such payment. (c)(1) If at the end of a calendar year the cumulative annual leave of a critical-need employee exceeds forty-five (45) days and one (1) or more written or electronic requests by the critical-need employee to use annual leave were denied in written or electronic form due to the staffing needs of the state agency employing the critical-need employee, then the amount of the annual leave that was requested by the critical-need employee but denied shall be liquidated by a lump-sum payment to the critical-need employee. (2) The total amount of the lump-sum payment to a critical-need employee under subdivision (c)(1) of this section shall not exceed the value of the cumulative annual leave exceeding forty-five (45) days at the end of the calendar year. (d)(1) A state agency: (A) Shall monitor the annual leave balance of a critical- need employee; and (B) May request that a critical-need employee use annual leave to avoid his or her cumulative annual leave exceeding forty-five (45) days. (2)(A) If a state agency determines the cumulative annual leave of a critical-need employee will exceed forty-five (45) days at the end of a calendar year, the state agency employing the critical-need employee may instruct the critical-need employee to use annual leave on one (1) or more specified dates prior to the end of the calendar year. (B) A state agency instructing a critical-need employee to use annual leave under subdivision (d)(2)(A) of this section shall notify the employee at least fourteen (14) days before a specified date to use annual leave.

Ark. Code Ann. § 21-4-208 Sick leave — Use in conjunction with workers' compensation.

(a)(1) Employees who are absent from work due to a temporary occupational injury or illness and who are entitled to workers' compensation benefits, upon proper application, may utilize their accrued sick leave as a supplement to their workers' compensation benefits so as to receive benefits from both sources equal to but not in excess of their normal weekly pay at the time of their injury or onset of illness. (2) Such option, when exercised, shall reduce the employee's accrued sick leave on a proportional basis. (b)(1) In the event an employee receives workers' compensation payments as a salary benefit in addition to sick leave payments and the combined payments exceed the employee's normal weekly pay, the employee shall pay the excess amount to the agency for deposit into the agency's fund from which the sick leave has been paid. (2) Upon receipt of the excess amount of pay, the agency shall then restore to the employee's credit that amount of sick leave that was used in a proportion that the workers' compensation payment is to the employee's weekly pay.

Ark. Code Ann. § 21-4-209 Maternity leave.

(a) Maternity leave shall be treated as any other leave for sickness or disability. Accumulated sick leave and annual leave, if requested by the employee, shall be granted for maternity use, after which leave without pay may be used. (b) Catastrophic leave under § 21-4-214 may be used for maternity leave.

Ark. Code Ann. § 21-4-210 Leave of absence without pay.

(a)(1) Upon application in writing to and written approval by the agency director, a state employee may be eligible to obtain a continuous leave of absence without pay up to six (6) months unless: (A) Granted in accordance with § 21-4-212; or (B) The agency director has determined that the state employee's request for leave of absence without pay would cause an undue hardship on the agency. (2) At the expiration of such leave, the employee shall be reinstated in the service without loss of any of his or her benefits or shall extend the leave of absence without pay up to an additional six (6) months unless: (A) The agency director has determined that reinstatement or continuing the leave without pay status of the state employee would cause an undue hardship on the agency; or (B) The position is no longer available due to a budgetary reduction in staff of the agency. (b) Failure on the part of an employee to report promptly at the expiration of the leave of absence except for satisfactory reasons submitted in advance shall be a cause for dismissal. (c)(1)(A) Except in accordance with § 21-4-212 and in the case of maternity leave, leave of absence without pay shall not be granted until all of the employee's accumulated annual leave has been exhausted. (B) However, an agency may place an employee in a leave-without-pay status: (i) For disciplinary reasons in accordance with the agency's written and publicized personnel policy; (ii) Due to inclement weather as designated by state policy; or (iii) Due to necessary budget reduction as determined by the state agency director. (2) Leave of absence without pay due to illness shall not be granted until all of the employee's accumulated sick leave has been exhausted. (3) In the case of maternity leave, the employee may elect to take leave of absence without pay without exhausting accumulated annual and sick leave. (d)(1) Any employee on leave of absence without pay shall not accumulate leave time, participate in agency group insurance programs to which the state contributes, or receive pay for any legal holidays. (2) Nothing in this subsection shall preclude an employee from paying the total costs of agency group insurance during such leave and being reinstated into such programs on return to duty.

Ark. Code Ann. § 21-4-211 Educational leave.

A permanent employee who is given out-service training may be granted educational leave by the agency director on the following basis: (1) The employee will continue in the service of the agency for a period of time as statutorily required or, in the absence of a specific law, at least two (2) times the length of his or her course of training; (2)(A) Any employee who does not fulfill these obligations shall be required to pay to the agency the total cost, or a proportionate share of the cost, of the out-service training and compensation paid during the training period. (B) A written contract shall be signed by the employee and the agency setting forth all terms of the agreement; (3) The employee shall retain all rights in the position held at the time when leave was granted or in a position with comparable security and pay; (4) The employee shall retain all benefits and rights during the training period that accrued during that time to regular employees; (5) The amount of salary paid during the training period shall be as agreed by the employee and agency director but shall not exceed the regular salary paid the employee; and (6)(A) Payment of tuition, fees, books, and transportation may be made if moneys have been specifically appropriated by the General Assembly for those purposes or if the Department of Health provides assistance to employees of the department who are seeking a master's degree, a doctor of public health degree, or a doctor of philosophy degree in public health. (B) The department shall not provide the assistance authorized under subdivision (6)(A) of this section to more than twelve (12) employees in any fiscal year.

Ark. Code Ann. § 21-4-212 Military leave — Definition.

(a)(1) Employees who are members of the armed forces of this state or any other state, including without limitation the National Guard or a reserve component or auxiliary of the United States Armed Forces, shall be granted leave at the rate of fifteen (15) days per calendar year plus necessary travel time for annual training requirements or other duties performed in an official duty status. (2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of a calendar year. (3) The leave shall be granted without loss of pay and in addition to regular vacation time. (4) Each employee who requests military leave shall furnish a copy of his or her orders for his or her personnel file. (b)(1) An employee who is drafted or called to active duty in the United States Armed Forces or who volunteers for military service shall be placed on extended military leave without pay and upon application within ninety (90) days after the effective date of his or her release from active duty shall be reinstated to the position vacated or an equivalent position at no loss of seniority or any of the other benefits and privileges of employment. (2) The right of reemployment shall conform with all federal government rules and regulations. (c)(1) Personnel called to duty in emergency situations by the Governor or the President of the United States shall be granted leave with pay not to exceed thirty (30) working days after which leave without pay will be granted. This leave shall be granted in addition to regular vacation time. (2) As used in this section, “emergency situations” means: (A) Any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof; (B) Threats to the public health or security; or (C) Threats to the maintenance of law and order. (d)(1) During any military leave of absence, the employee shall preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which the employee has become entitled. (2) For purposes of computations to determine whether the person may be entitled to retirement benefits, the period of military service shall be deemed continuous service, and the employee shall not be required to make any contributions to any retirement fund. (3) The state shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained. (e) Whenever an employee as defined under § 21-4-203 or an employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under this section, the military leave shall accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of thirty (30) military leave days available in any one (1) calendar year or fiscal year.

Ark. Code Ann. § 21-4-213 Court and jury leave — Definition.

(a) An employee serving as a juror in state or federal court shall be entitled to full compensation in addition to any fees paid for such services, and such services or necessary appearances in any court shall not be counted as annual leave. (b) If an employee is subpoenaed as a witness to give a deposition or testimony in state or federal court, at a hearing, or before any body with power to issue a subpoena, the employee is: (1) Entitled to his or her salary if the employee is a witness in a matter: (A) Within the employee's scope of state employment; or (B) Outside the employee's scope of state employment and the employee is not serving as a paid expert witness or is not a party to the matter; and (2) Required to take annual leave to attend the deposition, hearing, or appear in court only if the matter is outside of the employee's scope of state employment and the employee is serving as a paid expert witness or is a party to the matter. (c)(1) If a law enforcement officer is subpoenaed to appear at a time when the law enforcement officer is not scheduled for regular duty: (A) This section shall not apply; and (B) The law enforcement officer shall be entitled to retain witness and mileage fees tendered to the law enforcement officer. (2) As used in this section, “law enforcement officer” means any public servant vested by law with a duty to maintain public order or to make arrests for offenses.

Ark. Code Ann. § 21-4-215 Leave for bone marrow or organ donation — Definitions.

(a) As used in this section: (1) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person; (2) “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person, including eyes; (3) “Organ donor” means a person from whose body an organ is taken to be transferred to the body of another person; (4) “Public school” means any public school or education service cooperative located in the State of Arkansas; (5) “Public school employee” means a full-time employee of a public school or education service cooperative; (6) “State agency” means an agency, bureau, board, or commission of any branch of state government, and all state-supported institutions of higher education; and (7) “State employee” means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state-supported institution of higher education. (b) In any calendar year, a state employee or public school employee is entitled to the following leave in order to serve as an organ donor or a bone marrow donor: (1) No more than seven (7) days of leave to serve as a bone marrow donor; and (2) No more than thirty (30) days of leave to serve as an organ donor. (c) In order to qualify for the leave, the state employee or public school employee must: (1) Request the leave in writing; (2) Provide the employing agency written verification by the physician to perform the transplantation that the employee is to serve as a human organ or bone marrow donor; and (3) Provide the employing agency written verification by the physician performing the transplantation that the employee did serve as a human organ or bone marrow donor. (d) A state employee or school employee may use the leave as provided in this section without loss or reduction in pay, leave, or credit for time of service. (e) A state agency or public school shall not penalize an employee for requesting or obtaining leave pursuant to this section.

Ark. Code Ann. § 21-4-216 Leave for participation in children's educational activities — Definitions.

(a) As used in this section: (1)(A) “Child” means a person enrolled in an educational program for prekindergarten through grade twelve (preK-12) who is of the following relation to a state employee: (i) Natural child; (ii) Adopted child; (iii) Stepchild; (iv) Foster child; (v) Grandchild; (vi) Ward of the state employee by virtue of the state employee's having been appointed the person's legal guardian or custodian; or (vii) Any other legal capacity in which the employee is acting as a parent for the child. (B) “Child” includes a person who meets the criteria of subdivision (a)(1)(A) of this section but is over eighteen (18) years of age and: (i) Has a developmental disability as defined in § 20-48-101; or (ii) Is declared legally incompetent; (2)(A) “Educational activity” means any school-sponsored activity. (B) “Educational activity” includes without limitation: (i) Attending a parent-teacher conference; (ii) Participating in school-sponsored tutoring of the child; (iii) Participating in a volunteer program sponsored by the school in which the child is enrolled; (iv) Attending a field trip with the child; (v) Attending a school-sponsored program or ceremony in which the child is participating; (vi) Attending a graduation or homecoming ceremony in which the child is participating; (vii) Attending an awards or scholarship presentation in which the child is participating; (viii) Attending a parents' or grandparents' breakfast in which the child is participating; (ix) Attending a classroom party in which the child is participating; (x) Attending a school committee meeting of the school in which the child is enrolled; (xi) Attending an academic competition in which the child is participating; (xii) Attending an athletic, music, or theater program in which the child is enrolled; and (xiii) Engaging in any of the activities listed in subdivisions (a)(2)(B)(i)-(xii) of this section that are connected with a prekindergarten program; (3) “Prekindergarten” means an educational and child development program that is designed to prepare children who are at least three (3) years of age for an academic kindergarten program; (4) “State agency” means an agency, a bureau, a board, or a commission of any branch of state government and all state-supported institutions of higher education; and (5) “State employee” means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state-supported institution of higher education. (b)(1) All state employees shall be entitled to eight (8) hours of leave during any one (1) calendar year for the purpose of engaging in and traveling to or from the educational activities of a child. (2) Leave under subdivision (b)(1) of this section: (A) That is unused may not be carried over to the next calendar year; and (B) Is not compensable to the state employee at the time of retirement.

Ark. Code Ann. § 21-4-301 Definitions.

As used in this subchapter: (1) “Active service” or “active duty” shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause; (2) “Military service” shall signify federal service on active duty with any branch of service referred to in subdivision (4) of this section as well as training or education under the supervision of the United States preliminary to induction into the military service; (3)(A) “Period of military service” shall include the time between the following dates: (i) For persons in active service as of March 18, 1943, it shall begin with the date of their induction into active service; and (ii) For persons entering active service, it shall begin with the date of their induction into active service. (B) It shall terminate with death or a date thirty (30) days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first; and (4) “Person in military service” and “persons in the military service of the United States” shall include the following persons and no others: (A) All members of the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, and United States Coast Guard; and (B) All officers of the National Oceanic and Atmospheric Administration Commissioned Officer Corps and United States Commissioned Corps of the Public Health Service detailed by proper authority for duty with the United States Armed Forces under subdivision (4)(A) of this section.

Ark. Code Ann. § 21-4-302 Officers — Leave of absence granted to perform active military service.

(a) Subject to the provisions of this subchapter, the following officers shall be granted leave of absence from their respective offices and duties to perform active military service: (1) State officials; (2) County officials; (3) County school officials; (4) Municipal officials; (5) Township officials; and (6) All others who hold an elected office under the government of the State of Arkansas. (b) When an officer volunteers or is called into active duty in the United States Armed Forces during war, the Governor, or person or persons whose duty it is to fill the vacancy should there be one, shall, upon application being made by the officer, grant the officer a leave of absence during the time the officer is retained in the military service, subject to the exceptions provided in this subchapter. (c)(1) An officer who volunteers or is called into active duty in the United States Armed Forces shall not be deemed to have forfeited his or her office during his or her leave of absence for military duty. (2) Upon completion of active military duty, the officer shall be permitted to resume his or her office for the remainder of the term for which he or she was elected.

Ark. Code Ann. § 21-4-303 Officers — Deputy appointed by officer.

(a) Officers who are authorized by law to appoint deputies shall appoint capable and competent deputies to take over and perform the duties of the office while the officers are on leave. (b) The deputy shall be required to furnish good and sufficient bond in the same sum as required of the officer appointing him or her for the faithful performance of such duties. (c) After the bond is furnished by the deputy, the bond of the officer appointing him or her shall be null and void. (d)(1) Such officer shall file a certificate with the county clerk stating that he or she is taking a leave of absence under the provisions of this subchapter and shall name in the certificate the deputy selected by him or her to fill the office while he or she is on leave. (2) The county clerk shall record the certificate in the records of the county court. (e) The deputy so appointed shall have the right to appoint any deputies necessary for the efficient operation of the office. (f)(1) Any deputy qualifying under the provisions of this subchapter shall perform all duties that may devolve upon the officer appointing him or her, and shall sign all official papers and documents in the name of the officer so appointing him or her as deputy. (2) The deputy's acts shall in all respects be as binding as if performed by the officer appointing such deputy.

Ark. Code Ann. § 21-4-304 Officers — Deputy appointed by Governor.

(a)(1) Any elected officer who is not authorized by law to appoint deputies to perform the duties of the office which he or she holds, except circuit judges and members of the General Assembly, shall select a competent and qualified person to perform the duties of the office during the time the officer is on leave and certify to the Governor, or the person or persons who would be authorized to fill a vacancy if one should occur in the office, the selection of such person. (2) The Governor shall confirm the selection by appointment unless he or she shall determine that the person is unfit and not qualified to fill the office. (3) After it is determined that the person so selected is not qualified, the Governor shall make a statement in writing setting out his or her specific objections to the person selected, and the officer applying for a leave shall certify the selection of a person who is found to be qualified before the leave of absence may be granted. (4) However, if the officer fails or refuses to appoint or select a person qualified, the Governor, or person who would have the authority to appoint a qualified person to fill the office during the leave, shall make such appointment. (b) When the officer terminates his or her military service and appears and offers to resume the duties of his or her office, the person appointed to fill the office shall relinquish the same to him or her.

Ark. Code Ann. § 21-4-306 Circuit court judges.

(a) Whenever a judge of a circuit court shall volunteer or be called into the military service of the United States, the office shall be filled during such leave of absence by the election of an emergency circuit judge by a majority of all regular licensed and practicing attorneys of the judicial district in attendance at a meeting to be called by the circuit judge, after due notice to the attorneys. (b) The emergency circuit judge shall hold and discharge the duties of the office until such time as the regularly elected circuit judge shall reassume the office and shall be vested with all the powers and charged with all the duties incident to the office. (c) The emergency circuit judge shall be compensated in the same manner and amount as provided by law to the regularly elected circuit judge holding such office.

Ark. Code Ann. § 21-4-307 Officers — Expiration of term while on leave.

(a) In the event the term of office of an official on leave shall expire during leave, the office of that official shall be filled by election or appointment as may be required by law. (b) However, the official on leave shall have the right to qualify and become a candidate for such office, and if nominated and elected, shall have the same rights and privileges provided in this subchapter.

Ark. Code Ann. § 21-4-308 Employees — Leave of absence granted at discretion of employer.

(a) In the discretion of their employer, all employees of the state, counties, municipalities, or political subdivisions of Arkansas may be granted leave of absence under the terms of this subchapter and upon leave of absence’s being granted to officials under this subchapter. (b) However, an employee shall not have the right to select or in any way control the selection of his or her successor.

Ark. Code Ann. § 21-4-309 Employees — Reemployment rights.

(a) Any public employee who may be granted a leave of absence under the provisions of this subchapter and who serves for not more than four (4) years, plus any period of additional service imposed pursuant to law shall be entitled, upon release from service under honorable conditions, to reemployment rights as provided by federal law. (b) The refusal of any state, county, or municipal official to comply therewith shall subject the official to removal from office.

Ark. Code Ann. § 21-4-310 Employment and retirement rights.

(a) During a leave of absence, an official shall be entitled to preserve all seniority rights, efficiency rating, promotional status, and retirement privileges. (b) The period of active military service shall, for purposes of computations to determine whether such persons may be entitled to retirement under the laws of the State of Arkansas, be deemed continuous service in the office of the official or employee. (c) While absent on leave, the official or employee shall not be required to make contribution to any retirement fund.

Ark. Code Ann. § 21-4-311 Vacancy in office or position.

(a) Should any person appointed to fill the office or perform the duties of an employee to whom a leave of absence has been granted die, resign, or in any manner or for any cause vacate the office or position to which he or she was appointed, the Governor, or person whose duty it would be to fill the office or position if a vacancy should occur, shall select and appoint a capable and competent person to perform the duties of the office or position until the term of office or employment expires or until the official or employee appears for the purpose of resuming the office or position. (b) The appointment shall expire and terminate upon either the expiration of the term of office or employment or appearance of the official or employee for the purpose of the resumption of his or her duties.

Ark. Code Ann. § 21-4-312 Compensation of absentee and deputy or substitute.

(a) The deputies or other persons appointed to fill the office or position of the official or employee during a leave of absence under the provisions of this subchapter shall receive the same compensation and shall be paid in the same manner as the official or employee whose duties he or she assumes. (b) During the time any official or employee is absent from his or her office or position on a leave of absence granted under the provisions of this subchapter, he or she shall not be entitled to compensation.

Ark. Code Ann. § 21-4-313 Commission, oath of deputy, or substitute.

(a) It shall not be required that a commission issue to any person appointed to fill any office or position of one who has been granted a leave of absence under the provisions of this subchapter. (b) Every person so appointed shall be required to take and subscribe to the same oath as the officer or employer was required to take before he or she entered upon the performance of the duties of the office or position.

Ark. Code Ann. § 21-4-401 Specific repeal required.

This subchapter shall remain in full force and effect in the event that subsequent legislation relative to vacations is enacted, unless it is specifically repealed.

Ark. Code Ann. § 21-4-402 Payment for accrued vacation.

(a) It shall be the duty of the officer in charge of each agency, department, commission, or board of the State of Arkansas, immediately upon the death of any employee thereof, to cause to be ascertained the number of days of vacation which have accrued and which have not been taken by such employee and to cause the preparation of a voucher or other document which shall direct the payment of a sum which is determined by multiplying the number of unused accrued vacation days by the daily rate of pay which was being paid to such deceased employee as of the date of his or her death. (b) The Auditor of State or other authorized disbursing officer of any agency, department, commission, or board shall prepare a check, draft, or other negotiable instrument made payable to the estate of the decedent.

Ark. Code Ann. § 21-4-403 Determination of amount of leave and rate of pay — Records.

(a) In the event that the salary of a deceased employee is not fixed on the basis of a day, then the daily rate of pay shall be determined by dividing the monthly salary by thirty (30) or the annual salary by three hundred sixty (360), as the case may be. (b)(1) The number of days of accumulated leave of any deceased employee shall be determined on the basis of the written rules, resolutions, or policies promulgated by the agency or department head or by the board or commission. (2) Each agency, department head, board, or commission shall keep complete records of the vacations taken and accrued vacation time as provided by its rules, resolutions, or policies.

Ark. Code Ann. § 21-4-404 Payment for unused annual leave and holidays.

When a person dies while actively employed by any agency of the State of Arkansas, the deceased's estate or the person entitled to receive payment shall receive payment from the state agency for all unused annual leave and holidays which had accrued to the deceased at the time of death, except that the total shall not exceed sixty (60) days.

Ark. Code Ann. § 21-4-405 Payment of accrued leave to estate of wildlife officer or game warden.

(a) The Arkansas State Game and Fish Commission may pay all accrued and unused annual, holiday, and sick leave to the estate of a wildlife officer or game warden who dies in the line of duty. (b) A payment under subsection (a) of this section is subject to budgetary constraints and shall be disbursed after receipt of the official death certificate.

Ark. Code Ann. § 21-4-406 Payment of accrued leave to estate of Arkansas Highway Police Division officer.

(a) The State Highway Commission may pay all accrued and unused annual, holiday, and sick leave to the estate of an officer of the Arkansas Highway Police Division of the Arkansas Department of Transportation who dies in the line of duty. (b) A payment under subsection (a) of this section is subject to budgetary constraints and shall be disbursed after receipt of the official death certificate.

Ark. Code Ann. § 21-4-501 Compensation for unused sick leave at retirement.

(a) Upon retirement or death, any employee or beneficiary of any employee of any agency of the State of Arkansas shall receive compensation for accumulated unused sick leave as follows: (1) If the employee has accumulated at least fifty (50) days but fewer than sixty (60) days of sick leave, the employee shall receive an amount equal to fifty percent (50%) of the number of accrued sick leave days rounded to the nearest day multiplied by fifty percent (50%) of the employee's daily salary; (2) If the employee has accumulated at least sixty (60) days but fewer than seventy (70) days of sick leave, the employee shall receive an amount equal to sixty percent (60%) of the number of accrued sick leave days rounded to the nearest day multiplied by sixty percent (60%) of the employee's daily salary; (3) If the employee has accumulated at least seventy (70) days but fewer than eighty (80) days of sick leave, the employee shall receive an amount equal to seventy percent (70%) of the number of accrued sick days rounded to the nearest day multiplied by seventy percent (70%) of the employee's daily salary; and (4) If the employee has accumulated at least eighty (80) or more days of sick leave, the employee shall receive an amount equal to eighty percent (80%) of the number of accrued sick leave days rounded to the nearest day multiplied by eighty percent (80%) of the employee's daily salary. (b) For purposes of this section, the employee's daily salary shall be determined by dividing the annual salary by two hundred sixty (260). (c) The Office of Personnel Management shall promulgate rules necessary to implement this subchapter. (d) In no event shall an employee or beneficiary of an employee receive an amount that exceeds seven thousand five hundred dollars ($7,500) upon retirement or death due to the provisions of this section.

Ark. Code Ann. § 21-4-503 Applicability of subchapter.

(a) The provisions of §§ 21-4-501 and 21-4-504 apply to: (1) Employees of the Arkansas State Game and Fish Commission; (2) Employees of the Arkansas Department of Transportation; and (3) Employees of all agencies of this state whether in the executive, legislative, or judicial branch of government. (b) The provisions of this section or any amendments to this section shall not change any employee benefits or agreements established under § 6-57-103, § 6-58-105, or § 6-59-105.

Ark. Code Ann. § 21-4-504 Participation by other state agencies.

All state agencies are encouraged to participate in the Department of Finance and Administration's state leave accounting system.

Ark. Code Ann. § 21-4-505 Compensation for unused sick leave of employees of state-supported institutions of higher education — Calculation for unused sick leave.

(a) At its discretion, a state-supported institution of higher education may compensate an employee of the state-supported institution of higher education for accumulated unused sick leave by providing to the employee the same compensation for accumulated unused sick leave under § 21-4-501. (b) Compensation for accumulated unused sick leave under this section shall not be used by the Arkansas Public Employees' Retirement System in the calculation of final average compensation under § 24-4-101. (c) Unused sick leave for employees of state-supported institutions of higher education shall accrue at the same rate as unused sick leave accrues under § 21-4-207 for calculations made under this section.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.21.htmlFetched: 11/8/2026