Arkansas sick leave law & call-off rules
Arkansas requires no sick leave and no breaks — but it hides two rules with real teeth: a fired employee's wages left unpaid more than 7 days past the next payday double automatically, and election day carries an affirmative duty to schedule every employee a window to vote. Here is what applies in 2026.
Arkansas at a glance
| Paid sick leave mandate | None — local mandates preempted (Act 1116 of 2017) |
|---|---|
| Employment relationship | At-will with a public-policy exception (Sterling Drug v. Oxford) |
| Final paycheck (fired) | Next regular payday — unpaid 7+ days past it, wages DOUBLE |
| Election day | Affirmative duty to schedule work so every employee can vote |
| PTO payout at termination | Policy controls |
| Jury duty | Unpaid, protected — no forced PTO use |
| Meal & rest breaks | None for adults |
Is paid sick leave required in Arkansas?
No. Arkansas has no sick leave requirement, and Act 1116 of 2017 preempts local governments from imposing employment-benefit standards above state or federal law. Your written policy and the federal floor are the framework.
The federal floor that still applies
FMLA
Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."
ADA
For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.
Call-offs, no-call no-shows, and firing in Arkansas
Arkansas is at-will with a genuine public-policy exception (Sterling Drug v. Oxford), so attendance terminations that brush against protected activity — a workers' comp claim, a refusal to break the law — carry tort risk that pure at-will states don't. Otherwise the policy-is-the-law pattern applies, with one scheduling wrinkle: on election day, a rigid crew schedule that leaves someone no window to vote violates Ark. Code 7-1-102 on its own. Wage claims under $2,000 go to the state Labor Standards Division; everything else goes to court on the strength of your records. A call-off hotline or text-based call-off system keeps the absence history that both venues will ask for.
PTO payout and final paychecks
| Scenario | Rule | Source |
|---|---|---|
| Employee is fired or laid off | Wages due by the next regular payday; unpaid more than 7 days past that payday, the amount doubles | Ark. Code 11-4-405 |
| Employee quits | No statutory deadline — next regular payday by practice | — |
| Unused vacation / PTO | Owed only if promised by policy or contract | Policy/contract law |
| Small wage claims | The state Labor Standards Division investigates claims of $2,000 or less; larger claims go to court | — |
The doubling provision turns a missed final check into the most expensive payroll error in the region — treat discharge pay as a deadline, not a cycle. See how PTO accrual works.
Leave Arkansas employers must (and must not) provide
| Leave type | Required? | Notes |
|---|---|---|
| Voting | Yes — scheduling duty | Work hours on election day must be scheduled so each employee has the opportunity to vote (Ark. Code 7-1-102); unpaid; fines for noncompliance |
| Jury duty | Yes — unpaid | No discipline, discharge, or forced leave use (Ark. Code 16-31-106) |
| Military | Yes | USERRA (federal) plus Arkansas National Guard protections |
| Sick leave | No | Whatever your written policy provides |
| Meal & rest breaks | No | None for adults |
The Arkansas employer's attendance playbook
- Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
- Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
- Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
- Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
- Screen call-offs for protected reasons before applying points — sickness that could be FMLA/ADA territory gets a different track than an overslept alarm.
Comparing states? See all published guides on the state sick leave laws hub.