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In addition to the federal FMLA, Arkansas employers need to be aware of state provisions, including leave for bone marrow or organ donations, and for maternity.
Private employers with one or more employees must allow employees leave for bone marrow or organ donation.
There are no real eligibility criteria for such a leave. If, however, the employee is eligible for federal FMLA leave he or she is not eligible for leave under the state law.
Leave entitlement In addition to any medical, personal, or other paid leave your company provides, employees are entitled to unpaid leave as needed up to 90 days for such donation.
Type of leave
Leave under the state law would be allowed for an employee to serve as an organ donor or a bone marrow donor. Leave may be paid or unpaid.
If paid leave is provided, the company is entitled to a credit against the Arkansas withholding tax liability. If leave is allowed to continue beyond 90 days, the tax credit is limited to the wages paid for 90 days.
Maintenance of health benefits The law does not provide that employers must maintain group health plan coverage during leave.
The law does not specifically provide that employers must reinstate an employee after such leave.
Employees must request a leave of absence in writing.
Full-time state employees are entitled to up to seven days of paid leave for bone marrow donation or 30 days of paid leave for organ donation in a calendar year. Employees must request the leave in writing. Employees must provide verification by a physician that the employee is to serve, as well as verification that the employee did serve as a donor. State employees must not be penalized for taking such leave.
State female employees who have worked for the state for more than one year may take up to 12 consecutive weeks of paid maternity/catastrophic leave within the first 12 weeks after the birth, adoption, or foster care placement of a child.
Employees may take catastrophic leave for their own injury/illness or that of a spouse, parent, or child. Employees may take up to up to 1,040 hours of catastrophic leave due to injury or illness for within a 5-year period. The leave for injury/illness may be taken intermittently.
The combination of catastrophic leave due to illness or injury and for maternity purposes may not exceed 1,520 hours in a calendar year (1,040 hours for illness or injury and 480 hours for maternity purposes).
Employees must provide a certification supporting the leave.
Arkansas Department of Labor
Arkansas Code of 1987, Title 11 Labor and Industrial Relations, Chapter 3 Labor Relations and Practices, Subchapter 2 Hiring Practices, §11-3-205, Private employers - Leave for bone marrow or organ donation.
Arkansas Code of 1987, Title 21 Public Officers and Employees, Chapter 4 Attendance and Leave, Subchapter 2 Uniform Attendance and Leave Policy Act, §21-4-215, Leave for Bone Marrow or Organ Donation.
Arkansas Code of 1987, Title 21 Public Officers and Employees, Chapter 4 Attendance and Leave, Subchapter 2, Uniform Attendance and Leave Policy Act, §21-4-209 Maternity Leave.
Arkansas Code of 1987, Title 21 Public Officers and Employees, Chapter 4 Attendance and Leave, Subchapter 2, Uniform attendance and Leave Policy Act, §21-4-214 Catastrophic Leave. http://www.lexisnexis.com/hottopics/arcode/Default.asp