Crime Victim Leave: Arkansas

This Crime Victim Leave policy applies to employees in Arkansas under Arkansas Code sections 16-90-1105 and 16-90-1101, and it explains when an employee who is subpoenaed as a crime victim (or a qualifying representative) can take unpaid time off to participate in case preparation or attend a criminal justice proceeding, what notice and documentation your organization can request, and the anti-retaliation protections you need to follow when an employee asks for or uses this leave.

The History Behind Crime Victim Leave Policies in Arkansas

This Crime Victim Leave policy tracks a set of employee protections that show up in the broader Court Appearances & Civic Duty space. Arkansas built these protections into its victims' rights framework after lawmakers and advocates pushed for more consistent treatment of crime victims in the justice system. The basic premise was that victims and their families were getting pulled into interviews, prep sessions, and court dates, and missing work was one of the most common ways that participation got harder.

Arkansas codified job-protection concepts for crime victims in its victims' rights statutes, which focus on unpaid time off and anti-retaliation. This matches how many states approach the issue, since it avoids forcing employers to fund leave while still removing the fear of getting fired for showing up in court.

Employers started writing specific leave language for this because managers needed a clear rule when employees asked for time away to respond to a subpoena or prosecutor request. Over time, larger multi-state employers treated crime-victim court leave as a standard policy item, partly because these requests often overlap with other protected time away from work, like jury duty, witness subpoenas, domestic violence leave in other states, and standard attendance policies that can accidentally trigger discipline.

Which Law is the Crime Victim Leave Policy Meant to Comply With?

If you create and distribute a Crime Victim Leave Policy for your Arkansas-based employees, it is in an effort to comply with Arkansas's Crime Victims Rights (Ark. Code Ann. 16-90-1105) and Crime Victims Rights, Definitions (Ark. Code Ann. 16-90-1101).

How to Write an Arkansas-Specific Crime Victim Leave Policy

• Start with "why" and introduce the concept of unpaid leave for employees who need time off as crime victims to participate in the criminal justice process.
• Define who qualifies as a "victim" for purposes of the leave.
• Define who may act as a "representative of the victim" for purposes of the leave.
• State the covered reasons for leave related to preparing for or attending criminal justice proceedings.
• Explain the employee notice expectation so your organization can plan for the absence.
• Allow your organization to request reasonable documentation supporting the need for leave.
• Include a non-retaliation commitment that employees will not be threatened or terminated for requesting or taking this leave.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets Arkansas's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to Arkansas employers who have at least 1 employee in the US.

Exceptions

None.