Military Leave: Arkansas

This Military Leave policy applies to employees in Arkansas under Arkansas Code 12-62-413 and works alongside the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) to protect National Guard and reserve service members from job-related penalties when they need time away for qualifying military duty. A clear, Arkansas-specific policy helps your organization set expectations around notice, unpaid leave and optional use of accrued paid time off, return-to-work communication, and non-retaliation, while keeping your practices consistent and easy for employees to understand.

The History Behind Military Leave Policies in Arkansas

Military Leave & USERRA are meant to prevent employers from penalizing military service, especially by denying reemployment after duty. Congress addressed that problem after World War II with the Veterans' Reemployment Rights Act, and then modernized and strengthened it in 1994 with the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA set the national baseline for job protection, reemployment rights, and anti-discrimination rules for employees who serve.

Courts spent the next few decades filling in the practical details employers care about, like what counts as "prompt" return, what makes a reemployment application timely, and how far an employer must go to reinstate someone into the right position. The Supreme Court's decision in Staub v. Proctor Hospital (2011) also pushed employers to take supervisor bias seriously by allowing USERRA liability under a "cat's paw" theory when a biased manager influences an adverse decision.

Arkansas added its own layer for National Guard service under state authority. Arkansas law extends employment protections for Guard members ordered to active state duty, which matters during state emergencies and disaster response when federal orders are not in play. Employers in Arkansas ended up needing a policy that speaks both languages, USERRA for federal service and Arkansas law for state-activated Guard duty, so HR can run the same playbook no matter which set of orders shows up.

Which Law is the Military Leave Policy Meant to Comply With?

If you create and distribute a Military Leave Policy for your Arkansas-based employees, it's in an effort to comply with Arkansas's Ark. Code Ann. § 12-62-413.

How to Write an Arkansas-Specific Military Leave Policy

• Start with "why" and introduce the concept, explain that Arkansas military leave follows USERRA-style job protections for eligible service members.
• Define who is covered and what types of military service qualify for leave.
• State that military leave is unpaid and that employees can choose to use available accrued paid time off.
• Explain the expectation that employees give notice of military duty and communicate their intent to return to work after service.
• Include a clear point of contact for requesting military leave.
• Commit to non-discrimination and non-retaliation for requesting or taking military 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 5 employees working in the US.

Exceptions

None