Jury Duty: Arkansas

This Jury Duty policy applies to employees in Arkansas under Arkansas Code § 16-31-106, which protects employees from being discharged or otherwise penalized because they receive a jury summons, serve as a juror, or attend court for jury service. A clear policy helps your organization set practical expectations around notice, scheduling, and pay treatment for exempt and non-exempt employees, while reinforcing that employees can meet their civic obligations without fear of retaliation.

The History Behind Jury Duty Policies in Arkansas

This Jury Duty policy tracks a long-running set of rules around Court Appearances & Civic Duty that help employers manage the operational hit that comes with a jury summons. Early jury systems leaned hard on ordinary workers, and employers sometimes responded by pressuring people to skip service or by punishing them for showing up. States responded with protections that treated jury service as a public obligation that should not cost someone their job.

Arkansas's statute makes it unlawful for an employer to discharge, threaten, or otherwise penalize an employee because the employee receives a jury summons, responds to it, serves as a juror, or attends court for prospective service. The law also blocks employers from requiring an employee to use vacation time, sick leave, or other leave for jury service, which is why Arkansas jury duty policies often focus on scheduling and communication instead of forcing PTO.

Federal wage and hour rules then shaped the pay side of these policies. The Fair Labor Standards Act does not require jury duty pay, so many Arkansas employers chose unpaid leave for non-exempt employees unless they use accrued PTO. Salary-basis rules require a different approach for exempt employees, since they generally must receive their full salary for any week in which they perform work, with limited exceptions.

Which Law is the Jury Duty Policy Meant to Comply With?

If you create and distribute a Jury Duty Policy for your Arkansas-based employees, it's in an effort to comply with Arkansas's Ark. Code Ann. § 16-31-106.

How to Write an Arkansas-Specific Jury Duty Policy

• Start with "why" and introduce the concept, encourage employees to serve on juries as a civic responsibility.
• Require employees to notify your organization and provide updates about jury service so you can plan for absences.
• Explain pay treatment during jury duty based on exempt versus non-exempt classification.
• State that employees are not required to use sick leave, PTO, or vacation time for jury service.
• Set the expectation that employees work when they are not required to be in jury service, when it is reasonable to do so.
• Prohibit retaliation, termination, or penalties for requesting or taking jury duty 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. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing policies leave a gap. Otherwise, this is better handled as a targeted procedure or an one-off communication when the scenario actually comes up. 

Other Considerations

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

Exceptions

None.