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21-4-210. Leave of absence without pay.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:21-4-210
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ef38d182b34081d1b8951a9c97890a68f97b27bd6ef86e5c82b98dcb6c368882
Source location: content.xml paragraph 2108
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-212
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-4-212. This identifies an authority to review, not proof of applicability.