006.24.1-105.0.0. UNIFORM ATTENDANCE AND LEAVE POLICY ACT (Arkansas Code Annotated § 21-4-101 e...
AR ADC 006.24.1-105.0.0Arkansas Administrative Code
Ark. Admin. Code 006.24.1-105.0.0
006.24.1-105.0.0. UNIFORM ATTENDANCE AND LEAVE POLICY ACT (Arkansas Code Annotated § 21-4-101 et seq.)
Section 105.1.1
This leave policy applies to all State employees except emergency, hourly, intermittent, extra help, per diem employees and those employed by the following agencies:
Section 105.1.2
The establishment of leave records and internal procedures are the responsibility of each agency and institution. Policy and procedures such as requesting leave, approving authority or leave use may be covered. All employees should be informed of statewide policy as well as any internal policy and procedure.
Section 105.1.3
When an officer or employee of a state office or agency excluded from the provisions of the Uniform Attendance and Leave Policy Act by the definition of “state agencies” in Arkansas Code § 21-4-203(1) leaves employment of the excluded office or agency and becomes employed by an agency or institution which is subject to the Uniform Attendance and Leave Policy Act, the period of employment with the excluded office or agency shall be included as state employee service for the purpose of determining the rate at which the employee earns paid annual leave.
Section 105.2.1
Any employee who works a minimum of 1000 hours per year in a regular salary position shall accrue annual leave. Full time employees accrue leave at the rates shown in the timetable listed below. Employees who work less than full time but more than 1000 hours per year accrue annual leave in the same proportion as time worked. For example, employees who work half time would receive half of the annual leave accrual shown on the timetable.
Section 105.2.2
YEARS OF EMPLOYMENT | MONTHLY | ANNUALLY |
|---|---|---|
Through 3 years | 1 Day | 12 Days |
4 through 5 years | 1 Day 2 Hours | 15 Days |
6 through 12 years | 1 Day 4 Hours | 18 Days |
13 through 20 years | 1 Day 6 Hours | 21 Days |
Over 20 Years | 1 Day 7 Hours | 22.5 Days |
Accrual rates will change on the first day of the month following eligibility for the next higher accrual rate.
Section 105.2.3
All Annual Leave is cumulative; however, no employee shall have over 30 days accumulated on December 31st of each year. Accrued leave may exceed 30 days during the calendar year, but those days in excess of 30 will be forfeited if not used by December 31st of each year.
Section 105.2.4
Years of employment may be continuous state employment or an accumulation of years of service when the employee was out of State service for a time. Effective July 1, 1975, prior service is established on completed years of service only. Service prior to July 1, 1975, will be established in completed years and months of service.
Section 105.2.5
An employee may not earn annual leave when on leave without pay for ten (10) or more cumulative days within a calendar month.
Section 105.2.6
An employee may request to use accrued annual leave at any time. The Agency Director or Institution Head may grant the leave request at such time that will least interfere with the efficient operation of the agency.
Section 105.2.7
Annual leave is granted on the basis of work days, not calendar days. Non-work days, such as holidays and weekends, are not charged as annual leave.
Section 105.2.8
Annual leave must be earned before it can be used. Employees will accrue half their monthly accrual of annual leave if employed on the first (1st) working day of the month and work through the 15th of that month. Employees will accrue half their monthly accrual if employed on the 16th of the month and work through the last working day of that month. (If the 16th falls on a weekend or holiday, accrual begins on the first (1st) working day thereafter.)
Employees will not borrow from anticipated future accruals and may not use annual leave accrued by other employees.
Section 105.2.9
The minimum annual leave amount an employee can use is fifteen (15) minutes. No smaller amounts shall be authorized or used.
Section 105.2.10
Employees continue to earn annual leave at their normal accrual rate when on annual or sick leave.
Section 105.2.11
All compensatory time may be used before the use of annual leave.
Section 105.2.12
Employees transferring without a break in service, between State agencies and/or State supported institutions of higher education, which are covered by these policies, shall retain all accumulated annual leave.
Section 105.3.1
Any employee who works a minimum of 1000 hours per year in a regular salary position shall accrue sick leave. Employees who work less than full time but more than 1000 hours per year accrue sick leave in the same proportion as time worked.
Section 105.3.2
Employees accrue sick leave at the rate of one (1) day for each completed month of service; however, no employee shall have over 120 days accumulated on December 31st of each year. Accrued leave may exceed 120 days during the calendar year, but those days in excess of 120 will be forfeited if not used by December 31st of each year.
Section 105.3.3
Sick leave must be earned before it can be used. Employees will accrue half their monthly accrual of sick leave if employed on the first (1st) working day of the month and work through the 15th of that month. Employees will accrue half their monthly accrual if employed on the 16th of the month and work through the last working day of that month. (If the 16th falls on a weekend or holiday, accrual begins on the first (1st) working day thereafter.)
Employees will not borrow from anticipated future accruals. (See Section 108, Catastrophic Leave.)
Section 105.3.4
An employee may not earn sick leave when on leave without pay for ten (10) or more cumulative days within a calendar month.
Section 105.3.5
Sick leave may be used for only the following purposes:
Section 105.3.6
The use of sick leave is contingent upon the occurrence of one of the events listed above. If the event never occurs, the employee is not entitled to the sick leave benefits.
Section 105.3.7
Employees are not entitled to payment for accrued and unused sick leave when they terminate their employment except as follows:
• 1. If the employee has accumulated at least fifty (50) days, but less 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) times fifty percent (50%) of the employee's daily salary.
• 2. If the employee has accumulated at least sixty (60) days, but less 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) times sixty percent (60%) of the employee's daily salary.
• 3. If the employee has accumulated at least seventy (70) days, but less 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) times seventy percent (70%) of the employee's daily salary.
• 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) times eighty percent (80%) of the employee's daily salary.
Section 105.3.8
Employees continue to earn sick leave at the normal accrual rate when they are on sick leave or annual leave.
Section 105.3.9
Sick leave is granted on the basis of work days, not calendar days. Non-work days, such as holidays and weekends, are not charged as sick leave.
Section 105.3.10
The minimum sick leave amount an employee can use is fifteen (15) minutes. No smaller amount shall be authorized or used.
Section 105.3.11
Absences due to sick leave, except in the case of maternity leave, shall be charged in the following order: (1) earned sick leave; (2) earned annual leave; (3) leave without pay. (See Section 105.5.0)
Section 105.3.12
Employees who are on sick leave for five (5) or more consecutive days must furnish a certificate of illness from an attending physician. An agency or institution which has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave. A certificate from a Christian Science practitioner listed in the Christian Science Journal may be submitted in lieu of a physician's certificate.
Section 105.3.13
Accrued sick leave will be restored to an employee's credit if he returns to State employment within six (6) months of termination. This provision shall apply only if the employee was terminated due to budgetary reasons or curtailment of work activities.
Section 105.3.14
Requests to use sick leave for purposes of medical, dental or optical examinations, hospital stays, funerals, etc. should be made in advance.
Section 105.3.15
Notification of absence due to illness shall be given as soon as possible on the first day of absence to the employee's supervisor.
Section 105.3.16
Application for sick leave is to be filed within two (2) days after the employee's return to work.
Section 105.3.17
If an employee fails to make proper notification for use of sick leave as provided herein, such absences shall be charged to annual leave or leave without pay. Such determination shall be made at the Agency Director's or Institution Head's discretion.
Section 105.3.18
Employees transferring without a break in service between State agencies and/or State supported institutions of higher education which are covered by these policies shall retain all accumulated sick leave.
Section 105.3.19
Employees of a school district, an educational cooperative, a state education agency, or a two year college who leave the school district, educational cooperative, state education agency, or two year college and accept employment in another school district, an educational cooperative, a state education agency, or a two year college shall be granted credit by the new school district, education cooperative, state education agency, or two year college for any unused sick leave accumulated by the employee while employed by the former employer, but not to exceed a maximum of ninety (90) days. The accumulated and unused sick leave credit shall be granted to the employee upon furnishing proof in writing from the former employer of the employee. The provisions of this section shall apply to employment with another school district, educational cooperative, state education agency, or two year college on or after July 1, 1997.
LEAVE FORMS:
EMPLOYEE LEAVE REQUEST -OPM Form 001
CERTIFICATION OF ILLNESS - OPM Form 002
BIWEEKLY TIME SHEET - OPM Form 003
EMPLOYEE LEAVE RECORD - OPM Form 004
Section 105.4.1
WORKERS' COMPENSATION: Employees who are absent from work due to a temporary occupational injury or illness and who are entitled to Workers' Compensation benefits may utilize their accrued sick leave as a supplement to such benefits.
Section 105.4.2
The combination of Workers' Compensation benefits and sick leave pay shall not exceed the employee's normal pay period salary.
Section 105.4.3
The option will reduce the employee's accrued sick leave on a proportional basis. For example, an employee's normal salary is $150.00. The employee receives $75.00 Workers' Compensation benefits and elects to receive an additional $75.00 per week in sick leave payments. Thus, the employee uses sick leave at a rate of one-half the weekly salary which is equivalent to 2-1/2 days of sick leave for each week of disability.
Section 105.4.4
Leave used will be reinstated in reverse order from which absence due to sick leave is charged for that portion of time taken that was covered by Workers' Compensation. For example, absence due to sick leave is charged in the following order: earned sick leave, earned annual leave, leave without pay. Reinstated leave will then be annual leave, then sick leave. Leave without pay is not covered by Workers' Compensation and therefore is not reestablished.
Section 105.4.5
Employees receiving Workers' Compensation benefits for a permanent disability are eligible for full pay from both sources.
Section 105.4.6
Agencies must continue to remit the employer's contribution to the State Employees/Public School Employees Insurance Program when an employee is on leave without pay and receiving Workers' Compensation benefits as a result of a work related injury or illness.
Section 105.5.1
Maternity leave is to be treated as any other leave for sickness or disability. However, the employee may elect to take leave of absence without pay without exhausting accumulated annual and sick leave.
SECTION 105.6.0 Family and Medical Leave Policy
The Family and Medical Leave Act entitles “eligible” employees to a total of twelve (12) workweeks of leave during any 12-month period for one of the following reasons:
The 12-month period used by the state for determining eligibility is the calendar year. In the case of birth or adoption eligibility for FMLA leave shall expire at the end of the 12-month period beginning on the date of a child's birth or placement. However, leave used for this purpose shall also be calculated on a calendar year basis.
A. Family leave is leave without pay. However, an eligible employee may elect, or an agency/institution may require the employee to substitute paid leave for any part of the 12-week period. Paid leave to handle personal and family medical needs is currently available under existing sick, annual and catastrophic leave policies.
If the agency has knowledge that an employee's requested leave period is covered by FMLA, it is the responsibility of the agency to notify the employee that they have been placed on FMLA leave.
The agency/institution must determine whether leave will be counted within two business days of the time the employee gives notice of the need for leave, or if the employer does not initially have sufficient information to make a determination, at the point this information becomes available. If the employer learns that the leave is for an FMLA purpose after leave has begun or within two days of the employee's return to work, the entire or some portion of the leave period may be retroactively counted as FMLA. An employee desiring to have a leave period designated as FMLA and obtain FMLA protections for the absence must so notify the employer within two business days of returning to work.
Compensatory time off may not be counted as part of the 12-week FMLA entitlement. However, an employee may request to use his/her compensatory time for an FMLA reason.
Only the amount of leave actually taken may be counted toward the 12 weeks of leave to which an employee is entitled. For example, if an employee who normally works five days a week takes off one day, the employee would use 1/5 of a week of FMLA Leave.
2. Leave may be taken intermittently when medically necessary. If an employee requests intermittent leave that is foreseeable based on planned medical treatment, the employer may require such employee to transfer temporarily to an available alternative position with equivalent pay and benefits but which better accommodates recurring periods of leave.
3. When leave is taken after the birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees. Such a schedule reduction might occur where an employee, with the employer's agreement, works part-time after the birth of a child, or takes leave in several segments.
The employer's agreement is not required for leave during which the mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition.
5. An employee may request leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with his or her attorney or doctor(s) representing the birth parent, or submit to a physical examination.
6. An employee may request intermittent or reduced leave schedule to care for a family member in situations where the family member's condition itself is intermittent or where the employee may be needed to share care responsibilities with another party or to make arrangements for changes in care, such as transfer to a nursing home.
B. Spouses who are both employed by the state are entitled to a total of twelve weeks of leave (rather than twelve weeks each) for the birth or adoption of a child or for the care of a sick parent. However, each spouse would be entitled to twelve (12) weeks for their own serious health condition or the care of a child or spouse.
Each employee is entitled to FMLA for the care of his/her own parent only. Nevertheless, the husband and wife are limited to a combined total of 12 weeks for this purpose regardless of which parent or the number of parents involved.
If an employee submits a complete certification signed by a health care provider, the agency/institution may not request additional information from the employee's health care provider. However, a health care provider representing the employer may contact the employee's health care provider, with the employee's permission, for purposes of clarification and authenticity of the medical certification.
If there is reason to doubt the validity of a medical certification, the agency/institution may require a second opinion from a health care provider designated or approved by the agency/institution so long as that provider is not employed by the state on a regular basis. If that opinion differs, the opinion of a third health care provider jointly approved by the agency/institution and employee may be solicited. That opinion shall be final and binding. The opinions of both the second and third health care providers shall be obtained at the agency/institutions expense.
The employer and the employee must each act in good faith to attempt to reach agreement on whom to select for the third health care provider. If the employer does not attempt in “good faith” to reach agreement, the employer will be bound by the first certification. If the employee does not attempt in “good faith” to reach agreement, the employee will be bound by the second certification.
D. The employee shall provide the agency/institution with a completed Certification of Physician or Practitioner form thirty (30) days prior to the date leave begins and make efforts to schedule leave so as not to disrupt agency/institution operations when the necessity for leave is foreseeable such as for the birth or adoption of a child, or planned medical treatment. If circumstances require that leave begin in less than 30 days, the employee shall provide such notice as is practical. In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work.
B. Apart from the paid leave actually used during the Family or Medical Leave period, the taking of leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. However, no seniority or employment benefits shall be accrued during the period of leave. The employee is not entitled to any right, benefit, or position of employment other than any right benefit or position to which the employee would have been entitled had the employee not taken leave.
C. The agency/institution shall maintain benefits coverage for the employee under its group health plan at the same level and under the conditions coverage would have been provided if the employee had continued in employment The agency/institution shall continue to pay the “employer matching” portion of the health insurance premium and the employee will pay the employee's portion if such was the arrangement prior to leave. If the agency/institution paid the full premium it must continue to do so.
An employee may choose not to retain health coverage during leave. However, when the employee returns from leave, the employee is entitled to be reinstated on the same terms as prior to taking the leave, without any qualifying period, physical examination, exclusion of preexisting conditions, etc.
The agency/institution's obligation to maintain health insurance coverage ceases under FMLA if an employee's premium payment is more than 30 days late. Written notice to the employee that the payment has not been received must be mailed at least 15 days before coverage is to cease.
The agency/institution may recover any payments made by the agency/institution to cover the employee's share of the premium once the employee returns to work. An employer may recover its share of health plan premiums paid during unpaid FMLA if the employee fails to return to work unless the failure to return to work is due to a serious health condition or other circumstances beyond an employee's control. If an employer has maintained other benefits such as life or disability insurance in order to meet its responsibilities to provide equivalent benefits to the employee upon return from FMLA leave, the employer is entitled to recover the costs incurred for paying the premium whether or not the employee returns to work.
b. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under supervision of a health care provider. A regimen of continuing treatment includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. It does not include the taking of over-the-counter medications or other similar activities that can be initiated without a visit to a health care provider.
4. Treatment for a chronic health condition that 1) requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider, 2) continues over an extended period of time (including recurring episodes of a single underlying condition), and 3) may cause episodic rather than a continuing period of incapacity (asthma, diabetes, epilepsy, etc.);
5. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective: The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include: Alzheimer's', severe stroke or the terminal stages of a disease.
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition such as cancer, severe arthritis, or kidney disease that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
NOTE: The FMLA only allows leave for substance abuse in order to undergo treatment by a health care provider and specifically excludes employee absence because of the use of the substance. Stress qualifies as a serious health condition only if it rises to the level of a mental illness or results in a physical illness.
D. HEALTH CARE PROVIDER is defined as a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices; or any other person determined by the United States Department of Labor to be capable of providing health care services. Included in the second part of that definition are podiatrists, dentists, clinical psychologists, clinical social workers, optometrists and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated to exist by x-ray), nurse practitioners and nurse-midwives and Christian Science Practitioners.
The same group health plan benefits provided to the employee prior to taking FMLA leave must be maintained during the FMLA leave. For example, if family member coverage is provided to an employee, family member coverage must be maintained during the FMLA leave. Similarly, benefit coverage during FMLA leave for medical care, surgical care, hospital care, dental care, eye care, mental health counseling, substance abuse treatment, etc. must be maintained during leave if provided in an employer's group health plan, including a supplement to a group health plan whether or not provided through a flexible spending account or other component of a cafeteria plan.
Employers must keep the following records for no less than three years and make them available for inspection, copying and transcription by Department of Labor representatives upon request (29 CFR 825.500 (c)):
Records and documents relating to medical certifications, re-certifications or medical histories of employees or employees' family members, must be maintained in separate files and be treated as confidential medical records. The only persons who can obtain access to these confidential records are: (a) supervisors and managers who need to be informed of restrictions on the work or duties of an employee and necessary accommodations; (b) first aid and safety personnel if an employee's physical or medical condition might require emergency treatment; and (c) government officials investigating compliance with the FMLA (29 CFR 825.500(a)).
The general rule established by the statute is that the Department of Labor may only require an employer to submit its books or records for review once during any 12-month period. However, if the Department of Labor has reasonable cause to believe an employer has violated the FMLA or its regulations, or if the DOL is investigating an employee complaint, it may request or subpoena an employer's books or records at any time.
Nothing in FMLA supersedes any provision of state or local law that provides greater family or medical leave rights than those provided by FMLA. For example, in Arkansas employees who take maternity leave have the option to reserve annual and sick leave balances and go directly on leave without pay. Even if the agency normally requires employees to use their leave balances during FMLA leave, they must follow state law with regard to maternity leave.
ADA's “disability” and FMLA “serious health condition” are different concepts and must be analyzed separately. FMLA entitles eligible employees to 12 weeks of leave in any 12-month period, whereas the ADA allows an indeterminate amount of leave, barring undue hardship, as a reasonable accommodation. FMLA requires employers to maintain employees group health plan coverage during FMLA leave on the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period, whereas ADA does not require maintenance of health insurance unless other employees receive health insurance during leave under the same circumstances.
In cases where the two laws interact, i.e. the employee is eligible under both, the employer should provide the greater right to the employee. A disabled employee may be entitled to continuous, reduced schedule, or intermittent leave as “reasonable accommodation”, and that leave may also be counted as FMLA. Since FMLA requires insurance coverage the disabled employee would receive health insurance during the 12 week FMLA eligibility period even though that is not an ADA requirement.
FMLA requires reinstatement to the same or equivalent position. If the employee were unable to perform the essential functions of that equivalent position even with reasonable accommodation, because of a disability, the ADA may require the employer to make a reasonable accommodation at that time by allowing the employee to work part-time or by reassigning the employee to a vacant position, barring undue hardship.
Workers' Compensation absence and FMLA leave may run concurrently (subject to proper notice and designation by the employer). Under Workers' Compensation the agency/institution may offer a medically certified employee a “light duty” position. Under FMLA the employee is permitted, but not required, to accept the position. Thus it is possible that the worker will no longer qualify for Workers' Compensation, but is still entitled to FMLA.
An employer's obligation under FMLA ceases and a COBRA qualifying event may occur when and if 1) the employment relationship would have terminated if the employee had not taken FMLA (i.e. his/her position eliminated due to Reduction in Force and no transfer is available), 2) an employee informs the employer of his or her intent not to return from leave (which may be before the leave starts), or the employee fails to return from leave after exhausting his or her FMLA entitlement.
There is no requirement that unpaid FMLA leave be counted as additional service for eligibility, vesting, or benefit accrual purposes. However, the final regulations clarify that if a plan requires an employee to be employed on a specific date in order to be credited with a year of service for participation, vesting, or contribution purposes, an employee on FMLA leave is deemed to have been employed on that date. Previously, employees were required to return to work in order to receive the year of service.
All state agencies and institutions are required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the Act's provisions and providing information concerning the procedures for filing complaints of violations of the Act with the Wage and Hour Division of the Department of Labor. The notice must be posted prominently where it can be readily seen by employees and applicants for employment. Agencies/institutions may duplicate the text of the notice contained in OPM FORM 006 “YOUR RIGHTS FORM”, or copies of the required notice may be obtained from local offices of the Wage and Hour Division (Telephone: (501)324-5292).
FMLA RESPONSE TO EMPLOYEE REQUEST FORM - OPM Form 005
FMLA YOUR RIGHTS FORM - OPM Form 006
FMLA CERTIFICATE OF HEALTH CARE PROVIDER FORM - OPM Form 007
FMLA REQUEST FORM - OPM Form 110
Section 105.7.1
Upon termination, resignation, retirement or other action by which a person ceases to be an active employee of the State, the amount due the employee from accrued and unused annual leave shall be paid to the employee in a lump sum. This lump sum must not exceed thirty (30) days of annual leave inclusive of holidays.
Section 105.7.2
No employee receiving such additional compensation shall return to State employment until the number of days for which he/she received the additional compensation has expired. However, the employee may reimburse the agency which made the lump sum payment for the number of days paid but not yet expired and return to State employment Such reimbursement will result in the appropriate number of days being reinstated to the employee's accrued annual leave.
Section 105.7.3
Upon death of an active employee of a state agency or institution, the amount of unused annual and holiday leave due the employee shall be paid to the employee's estate or authorized beneficiary. This lump sum must not exceed sixty (60) days of annual and holiday leave.
Section 105.7.4
State employees who retired under the Early Retirement Incentive Program, Act 187 of 1987, are not eligible to accept further employment in which the State is the employer. Such retired employees may not enter into consultant contracts with the State.
Section 105.7.5
Arkansas Code § 21-4-101 et seq. (The Uniform Attendance and Leave Policy Act), provides the authority for this Section of the Leave Policy. As such, no state employment is exempted from this Section. All State agencies, boards, commissions, institutions of higher education, constitutional offices and those others listed in Section 105.1.0 of these Policies shall be covered by Lump Sum Termination Pay Policy in Arkansas Code § 19-4-1613.
(See Section 110.1.0, payment of overtime accrued upon termination).
Section 105.8.1
Employees may not take leave without pay until all their annual leave has been exhausted, except in the cases of maternity leave and agency disciplinary leave without pay. In the case of maternity leave, such employee may elect to take leave without pay, without exhausting accumulated annual and sick leave. In the case of disciplinary leave without pay, the agency may place an employee in a leave without pay status in accordance with the agency's written and publicized personnel policies. (See Section 105.11.0 for leave without pay for military service and/or specialized training.)
Section 105.8.2
An Agency Director or Institution Head may grant continuous leave without pay. Any such period shall not exceed six (6) continuous months.
Section 105.8.3
An employee who accumulates ten consecutive or nonconsecutive days of leave without pay during any one calendar month loses the leave accrual (annual and sick) for that month only. The annual leave that is lost due to the leave without pay is based on the rate of accrual authorized for that employee.
Section 105.8.4
Employees may continue to participate in agency or institution group insurance programs during the period of leave without pay. Employees who choose this option must pay the total cost (employee deduction and employer matching) of the coverage unless the employee is receiving Workers' Compensation benefits. In cases of FMLA or Workers' Compensation related leave without pay, agencies are required to remit the employer's matching portion of coverage.
Section 105.8.5
Employees having kept their insurance in effect may be fully reinstated in insurance programs when they return to duty. However, employees on FMLA leave are eligible for reinstatement in the insurance program even if the employee failed to pay their premium while on FMLA leave.
Section 105.8.6
The employee will be reinstated with full rights at the end of the period of leave without pay. An employee who is on leave without pay and returns within the required six months continues to earn credited service toward the next rate in the leave accrual schedule just as the employee who had never gone on leave without pay. A returning employee's leave accrual rate will not be affected by periods of leave without pay, nor will the time of entitlement to a change in leave accrual rate be adjusted because of leave without pay. If the position the employee left is no longer available due to a budgetary reduction in staff, the employee will have no options and cannot be reinstated.
Section 105.8.7
The employee's Increase Eligibility Date will not change. However, the award of the next merit salary increase will be delayed beyond the anniversary date for the same number of work days as the employee was on leave without pay.
Section 105.8.8
Employees may be dismissed if they fail to report to work promptly at the expiration of the period of leave without pay. However, the agency or institution may accept satisfactory reasons provided by the employee in advance of the date to return to work and extend the leave period accordingly.
LEAVE WITHOUT PAY FORM - OPM Form 021
Section 105.9.0 Court and Jury Leave (Arkansas Code Annotated §§ 21-4-213 & 21-5-104)
Section 105.9.1
An employee who serves as a witness, juror or party litigant in any civil or criminal court proceeding is entitled to receive normal and full compensation in addition to any fees paid for such services. If the employee provides reasonable notice to the agency/institution of the required proceedings, the employee shall not be subject to discharge from employment, loss of annual or sick leave days or accrual rates, or any other form of penalty.
Section 105.9.2
Court and jury leave will not be considered annual leave.
Section 105.9.3
Employees who work night shifts and are required to serve in court during the day shall be allowed to take court and jury leave on the night shift of the day on which they served
Section 105.10.0 Education Leave
Section 105.10.1
A permanent employee who is given outservice training may be granted education leave by the Agency Director or Institution Head on the following conditions:
• A. The employee agrees to continue in the service of the agency or institution for a period of time as statutorily required or, in the absence of a specific law, at least twice the length of his/her course of training.
• B. Any employee who does not fulfill these obligations shall be required to pay the agency the total cost, or a proportionate share of the cost, of the outservice training and compensation paid during the training period.
• C. A written contract setting forth all terms of the agreement shall be signed by the employee and a representative of the agency or institution.
Section 105.10.2
The employee shall retain all rights in the position held at the time when leave was granted or in one of comparable security and pay.
Section 105.10.3
The amount of the salary paid during the training period will be as agreed on by the employee and the Agency Director or Institution Head. The salary may not exceed the regular salary paid to the employee.
Section 105.10.4
Payment of tuition, fees, books and transportation may be made if such sums have been specifically appropriated by the General Assembly for such purposes.
Section 105.11.0 Military Leave and Re-Employment of Veterans (Arkansas Code §§ 21-4-212 & 21-4-301 et seq.)
Section 105.11.1
Policy with respect to treatment of military leave or re-employment of returning veterans of active service in branches of US Armed Forces will be in compliance with P.L. 93-508 (December, 1974) as amended by PL 94-286 (May, 1976), also know as the Veterans' Re-employment Rights Statute. To assure uniform application of veteran re-employment rights, refer questions pertaining to these policy statements in writing to the Office of Personnel Management.
Section 105.11.2
Permanent, full-time state employees who are members of the National Guard or any of the reserve branches of the US Armed Forces will be granted leave at the rate of fifteen (15) working days per calendar year, plus necessary travel time for annual training purposes. Up to fifteen (15) military leave days may be carried over to the succeeding year for a maximum of thirty (30) military leave days for that calendar year.
Section 105.11.3
Military leave for annual training or other official duties will be granted without loss of pay and shall be in addition to regular vacation time.
Section 105.11.4
The employee must attach a copy of his/her military orders to each request for military leave.
Section 105.11.5
Active Duty for Military Service: A permanent, full-time employee who is drafted or called to active duty in the Armed Forces of the United States or who volunteers for military service, shall be placed on extended military leave without pay; all unused sick leave at the time of military leave will be reinstated at the time the employee returns. However, all unused annual leave must be paid to the employee before starting the period of leave without pay except in cases when the employee is returning to active duty for training.
Section 105.11.6
Active Duty for the Purpose of Specialized Training: In cases where an employee volunteers or is ordered to active duty for the purpose of special training, the employee will be placed on leave without pay for the period of training unless the employee elects to use his accrued annual leave. This leave is given in addition to annual military training. The employee retains eligibility rights including accumulated annual leave (unless the above option has been exercised) and any sick leave not used at the time the employee begins the training. The employee does not accumulate annual or sick leave during the leave without pay period, and the annual leave accrual rate will be calculated as though there had been no period of absence.
Section 105.11.7
When the employee is released from active duty, he/she shall be reinstated to the position vacated or an equivalent position for which he/she is qualified in the same agency or its successor in interest.
Section 105.11.8
This reinstatement right shall be valid only if the employee seeks re-employment, by application, within 90 days of his/her release from active duty; except in the case of an employee ordered to an initial period of active duty in a branch of the military reserves for training of not less than three (3) consecutive months. These returning Reservists are entitled to reinstatement rights for a period of 31 days after release from active duty, subject to the same terms and conditions as returning veterans. In both cases, this eligibility for re-employment rights may be extended by provisions stated in the Veteran's Re-employment Rights Statute.
Section 105.11.9
The reinstated employee will not lose any seniority rights with respect to leave accrual rates, salary increases, Reduction in Force policies, or other benefits and privileges of employment.
Section 105.11.10
Former employees returning to State service after military service, but who extended their enlistment or re-enlisted for additional military service beyond the initial period for more than a period of four (4) years (or five (5), when re-enlistment was at the request of the military) will lose all reinstatement rights and will be considered a rehire.
Section 105.11.11
Permanent, full-time state employees who are called to active duty in emergency situations (and in situations covered by 10 United States Code Section 12304) as declared by the Governor or President shall be granted leave with pay. The period of leave with pay will not exceed thirty (30) working days. Periods beyond the thirty (30) day limit may be charged to annual leave at the employee's option and if necessary, to leave without pay.
Section 105.11.12
Military leave for emergency situations is granted in addition to annual military leave for training purposes and normal vacation time.
Section 105.12.0 Transfer of Leave Between State Agencies and/or Institutions of Higher Education
Section 105.12.1
When an employee transfers between State agencies and/or institutions of higher education which are covered by these policies, the unused portion of his/her annual and sick leave will also be transferred.
Section 105.12.2
The amount of leave to be transferred shall not exceed the accrual limits established in this Policy.
Section 105.12.3
The receiving agency will be responsible for verifying the employee's accrued leave with the relinquishing agency.
Section 105.12.4
When an officer or employee of a state office or agency excluded from the provisions of the Uniform Attendance and Leave Policy Act by the definition of “state agencies” in Arkansas Code § 21-4-203(1) leaves employment of the excluded office or agency and becomes employed by an agency or institution which is subject to the Uniform Attendance and Leave Policy Act, the period of employment with the excluded office or agency shall be included as state employee service for the purpose of determining the rate at which the employee earns paid annual leave.
Section 105.13.0 Leave and Attendance Record Keeping Requirements
Section 105.13.1
Each agency/institution of higher education shall establish and maintain leave and attendance records to account for:
Section 105.13.2
Agencies/institutions should also establish record keeping procedures which provide for:
Section 105.13.3
The agency/institution may establish their own records provided the above requirements are met. The following forms are suggested for use:
BIWEEKLY TIME SHEET - OPM Form 003
EMPLOYEE LEAVE REQUEST FORM - OPM Form 001
EMPLOYEE LEAVE RECORD FORM - OPM Form 004
PROOF OF PRIOR SERVICE FORM - OPM Form 022
Suggested formats for these forms may be found at the end of the Policy Manual in the Forms section.
Section 105.14.0 Disaster Service Volunteer Leave
Section 105.14.1
An employee of a state agency or a state-supported institution of higher education, who is trained and certified as a disaster service volunteer by the American Red Cross, whose specialized disaster relief services are requested by the Red Cross in connection with a disaster (as defined in Arkansas Code § 12-75-103(2)) and who requests Disaster Service Volunteer Leave and obtains consent from his/her state agency director; may be granted leave from work with pay for not more than fifteen (15) working days in any twelve-month calendar year period to participate in specialized disaster relief, without loss of seniority, pay, annual leave, sick leave, compensatory time, offset time, or overtime wages.
Section 105.14.2
An employee shall be granted leave under this section at the employee's regular rate of pay for those regularly scheduled work hours during which the employee is absent from work.
Section 105.14.3
Leave under this act shall be granted only for disaster relief services occurring within the State of Arkansas or for disaster relief services occurring within states contiguous to the State of Arkansas.
Section 105.14.4
An employee deemed to be on leave under this section shall not be deemed to be an employee of the State for the purposes of Workers' Compensation.
Section 105.14.5
A list of certified employees, not to exceed one hundred (100) participants at any one time, shall be maintained by the American Red Cross with pertinent information provided to the state agency of each disaster service volunteer.
DISASTER SERVICE VOLUNTEER LEAVE FORM - OPM Form 011
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.24.1-105.0.0, AR ADC 006.24.1-105.0.0
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