Arkansas Family and Medical Leave Law

Arkansas has a variety of laws concerning family and medical leave for public employees located in in the sections below of the Arkansas Code.

• 21-4-203. Definitions.
• 21-4-206. Sick leave requirements.
• 21-4-207. Accrual and use of sick leave.
• 21-4-208. Sick leave - Use in conjunction with workers' compensation.
• 21-4-209. Maternity leave.
• 21-4-210. Unpaid leave of absence.
• 21-4-214. Catastrophic leave program.
• 21-4-216. Leave of absence for participation in the Healthy Employee Lifestyle Program.
• 9-9-105. Employee leave for adoption.

The Teachers' Minimum Sick Leave Law

• 6-17-1202. Definitions.
• 6-17-1203. Policies and regulations.
• 6-17-1204. Amount and use of leave.
• 6-17-1205. Record of used and accumulated leave.
• 6-17-1206. Credit for leave accumulated in another district.
• 6-17-1207. Payment for unused leave.
• 6-17-1208. Authority to liberalize policy.
• 6-17-1209. Leave of absence for personal injury from assault or other violent criminal act.

The School Employees' Minimum Sick Leave Law

• 6-17-1302. Definitions.
• 6-17-1303. Policies and regulations.
• 6-17-1304. Amount and use of leave.
• 6-17-1305. Record of used and accumulated leave.
• 6-17-1306. Authority to liberalize policy.
• 6-17-1307. Unused leave - Credit.
• 6-17-1308. Absence due to injury from assault.
• 6-63-601. Definitions.

21-4-201. Title.

This subchapter may be referred to and cited as the "Uniform Attendance and Leave Policy Act".

21-4-202. Legislative intent.

It is the purpose and intent of this subchapter to establish a uniform attendance and leave policy for all affected state employees of agencies, boards, and commissions covered by the provisions of this subchapter.

21-4-203. Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) "Agency head" or "agency director" means the executive head of all agencies, departments, boards, commissions, bureaus, councils, or other agencies of the state;

(2) "Annual leave" means vacation time with pay but shall not include compensatory time;

(3) "Catastrophic illness" means a medical condition, as certified by a physician, of an employee or of the spouse or parent of the employee or of a child of the employee that may be claimed as a dependent under the Arkansas Income Tax Act of 1929, Sec. 26-51-101 et seq., which requires an employee's absence from duty for a prolonged period of time and which, except for the catastrophic leave program, would result in a substantial loss of income to the employee because of the exhaustion of all earned sick and annual leave;

(4) "Catastrophic leave" means leave granted to an employee as a result of a catastrophic illness, upon the employee's exhausting all sick and annual leave;

(5) "Catastrophic leave bank" means a pool of accrued annual and sick leave donated by employees;

(6) "Compensatory time" means time off in lieu of payment for overtime hours;

(7) "Educational leave" means any period of out-service training during which time the employee pursues a regular full-time course of instruction to acquire a specific skill or skills needed;

(8) "Employee" means a person regularly appointed or employed in a position of state service by a state agency, as defined in subdivision (1) of this section, for which he or she is compensated on a full-time basis;

(9) "Probationary employee" means a person certified from a list of eligibles or employed through a work test appointment and serving a probationary period;

(10) "Provisional employee" means a person who has been appointed to fill a position pending the establishment of a register for such position;

(11) "State agencies" means all agencies, departments, boards, commissions, bureaus, councils, state-supported institutions of higher learning, or other agencies except the following excluded agencies or positions within agencies:

(A) The elected constitutional officers of this state and their employees;

(B) The General Assembly and its employees, including employees of the Bureau of Legislative Research of the Legislative Council and the Division of Legislative Audit;

(C) Members of the Arkansas Supreme Court, members of the Arkansas Court of Appeals, the Administrative Office of the Courts, circuit and chancery courts, and prosecuting attorneys, but not including deputy prosecuting attorneys;

(D) The Arkansas State Highway and Transportation Department; and

(E) All administrative, academic, or other nonclassified employees of the state-supported institutions of higher learning;

(12) "Temporary employee" means a person who has been appointed from a register for a period of time not to exceed six (6) months;

(13)

(A) "Working day" means all regularly prescribed days of employment in which the employee performs those duties for which he or she was hired.

(B) For the purposes of this subchapter, a working day shall consist of eight (8) hours; and

(14) "Years of service" includes the total number of years of employment with all agencies of Arkansas state government whether such employment is continuous or not.

Sec. 21-4-206. Sick leave requirements

(a) Sick leave with pay shall be granted to employees when they are incapacitated for the performance of their duties by sickness, injury, or for medical, dental, or optical treatment. Sick leave may not be granted for slight illness or indisposition not incapacitating the employee for the performance of his regular duties.

(b) Sick leave may also be granted employees due to a death or serious illness of a member of the employee's immediate family. For the purposes of this subsection, "immediate family" shall mean the father, mother, sister, brother, husband, wife, child, grandmother, grandfather, grandchild, in-laws, or any individual acting as parent or guardian of an employee.

Sec. 21-4-207. Accrual and use of sick leave

(a)

(1)

(A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period.

(B) Each fire and emergency service employee of the State Military Department who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service.

(2)

(A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year.

(B)

(i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred and eighty (180) days of sick leave to carry over at the end of the calendar year.

(ii) However, payments to fire or emergency service employees for unused leave at retirement under Sections 21-4-501 through 21-4-504 shall be calculated at the 120-day maximum rate for regular state employees.

(3)

(A) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave. An agency which has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave.

(B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate.

(b) Sick leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees.

(c) Sick leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) day for each complete month of service.

(d) Sick leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (1/2) time computed on the basis of one-half (1/2) the rate of the schedule for full-time employees for each complete month of service.

(e)

(1) Sick leave may not be accumulated during a period of leave without pay when such leave is for ten (10) days or more within a calendar month.

(2) Saturdays, Sundays, holidays, and nonworking days within a period of sick leave shall not be charged as sick leave. Sick leave granted shall be based on working days.

(3) Employees transferring between state agencies without a break in service shall, at the time of transfer, retain all accumulated sick leave credits.

(4) Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he is reinstated within a period of six (6) months, accumulated sick leave may be restored to his credit.

(f) (1) Absences due to sick leave, except in the case of maternity leave, shall be charged in the following order:

(A) Earned sick leave;

(B) Earned annual leave;

(C) Catastrophic leave, when authorized;

(D) Leave without pay, when authorized.

(2) Requests for sick leave shall be applied for in advance.

(A) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty.

(B) If notification is not made in accordance with the procedure herein, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director.

(3) The minimum charge for absence on account of sickness shall be fifteen (15) minutes.

21-4-208. Sick leave - Use in conjunction with workers' compensation.

(a)

(1) Employees who are absent from work due to a temporary occupational injury or illness and who are entitled to workers' compensation benefits, upon proper application, may utilize their accrued sick leave as a supplement to their workers' compensation benefits so as to receive benefits from both sources equal to but not in excess of their normal weekly pay at the time of their injury or onset of illness.

(2) Such option, when exercised, shall reduce the employee's accrued sick leave on a proportional basis.

(b) In the event an employee receives workers' compensation payments as a salary benefit in addition to sick leave payments and the combined payments exceed the employee's normal weekly pay, the employee shall pay the excess amount to the agency for deposit in the agency's fund from which the sick leave has been paid. Upon receipt of the excess amount of pay, the agency shall then restore to the employee's credit that amount of sick leave that was used in a proportion that the workers' compensation payment is to the employee's weekly pay.

21-4-209. Maternity leave.

(a) Maternity leave shall be treated as any other leave for sickness or disability. Accumulated sick leave and annual leave, if requested by the employee, shall be granted for maternity use, after which leave without pay may be used.

(b) Catastrophic leave under Sec. 21-4-214 may be used for maternity leave.

Sec. 21-4-210. Unpaid leave of absence

(a) A state employee, upon application in writing to and upon written approval by the agency director, may be eligible to obtain a continuous leave of absence without pay, not to exceed six (6) months, unless granted in accordance with Sec. 21-4-212 or a determination by the agency director that the leave of absence without pay request of the state employee would cause an undue hardship on the agency. At the expiration of such leave, the employee shall be reinstated in the service without loss of any of his benefits, or extend the leave of absence without pay up to an additional six (6) months unless 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 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) Leave of absence without pay, except in accordance with Sec. 21-4-212 and in the case of maternity leave, shall not be granted until all of the employee's accumulated annual leave has been exhausted. However, an agency may place an employee in a leave without pay status for disciplinary reasons in accordance with the agency's written and publicized personnel policy, due to inclement weather as designated by state policy, or 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.

Title 21, Chapter 4, Subchapter 2, Section 21-4-214 of the Arkansas Act
21-4-214. Catastrophic leave program.

(a)

(1) The Department of Finance and Administration shall have administrative responsibility for developing, implementing, and maintaining the statewide catastrophic leave bank program.
(2) (A) Each state agency shall participate in a catastrophic leave bank to be administered by the Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration.

(B)The following governmental entities may voluntarily participate in the catastrophic leave bank program or establish a catastrophic leave bank for its employees:

(i) The General Assembly;

(ii) The Bureau of Legislative Research;

(iii) Arkansas Legislative Audit;

(iv) The Arkansas State Highway and Transportation Department

(v) The Arkansas State Game and Fish Commission;

(vi) The Supreme Court;

(vii) The Court of Appeals;

(viii) The Administrative Office of the Courts;

(ix) A constitutional office; and

(x) Institutions of higher education.

(b) Accrued annual leave and sick leave of employees may be donated to a catastrophic leave bank.
(c) Catastrophic leave with pay may be granted to an employee when the employee is unable to perform his or her duties due to a catastrophic illness, including maternity purposes.
(d) An employee may be eligible for catastrophic leave when:

(1)

(A) The employee has been employed by the state for more than one (1) year or was previously employed by a public school district or
state-supported institution of higher learning for more than two (2) years.
(B) A person who was employed by a public school district or state-supported institution of higher learning for less than one (1) year also is eligible for catastrophic leave if:

(i) The person's combined years of employment with the state and with a public school district or state-supported institution of higher learning totals more than one (1) year; and
(ii) The lapse in the person's employment between the state and a public school district or state-supported institution of higher learning is less than six (6) months;

(2) Catastrophic leave for maternity purposes may be granted to a female employee after:

(A) The birth of the employee's biological child; or

(B) The placement of an adoptive child in the home of the employee.

(3)(A) At the onset of the illness or injury the employee had to his or her credit at least eighty (80) hours of combined sick and annual leave and has exhausted all such leave, unless the combined sick and annual leave requirement is waived under subdivision (d)(2)(B) of this section.
(B) A state agency director or a president of an institution of higher education may waive the minimum eighty-hour requirement for combined sick and annual leave if the agency director determines the employee warrants eligibility because of extraordinary circumstances under the standards and guidelines promulgated under subdivision (f)(2) of this section;

(C)(i) An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave.

(ii) An employee on catastrophic leave for maternity purposes does not accrue any leave.

(4) An acceptable medical certificate from a physician supporting the continued absence is on file; and
(5) The employee has not been disciplined for any leave abuse during the past year from the time of application.

(e)(1) Up to four (4) consecutive weeks of catastrophic leave with full pay may be granted to an employee for maternity purposes.

(2) The employee shall be eligible for the leave only within the first twelve (12) weeks after the birth or adoption of a child.

(3) After the expiration of the four (4) weeks of leave under subdivision (e)(1) of this section, maternity leave shall be treated as any other leave for sickness or disability under Sec. 21-4-209.

(4) Catastrophic leave for maternity purposes shall run concurrently with the Family Medical Leave Act of 1993, 29 U.S.C. 2601.

(f) If the illness or injury is that of an employee and is covered by workers' compensation, the compensation based on catastrophic leave when combined with the weekly workers' compensation benefit received by the employee shall not exceed the compensation being received by the employee at the onset of the illness or injury.
(g) The Director of the Department of Finance and Administration, or the director's designee, shall establish policies and procedures:

(1) As deemed necessary to carry out the provisions of this section; and
(2) To prescribe the standards and guidelines of the extraordinary circumstances that the state agency director or the president of an institution of higher education may use to waive the minimum requirement for combined sick and annual leave.

State or public school employees; Leave requirements.

(a) Definitions. As used in this section:

(1) "Bone marrow donor" means a person from whose body bone marrow is taken to be transferred to the body of another person;

(2) "Organ" means a human organ that is capable of being transferred from the body of a person to the body of another person, including eyes;

(3) "Organ donor" means a person from whose body an organ is taken to be transferred to the body of another person;

(4) "Public school employee" means a fulltime employee of a public school or educational cooperative;

(5) "Public school" means any public school or educational cooperative located in the State of Arkansas;

(6) "State employee" means a full time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state supported institution of higher education; and

(7) "State agency" means an agency, bureau, board, or commission of any branch of state government, and all state supported institutions of higher education.

(b) In any calendar year, a state employee or public school employee is entitled to the following leave in order to serve as an organ donor or a bone marrow donor:

(1) No more than seven (7) days of leave to serve as a bone marrow donor; and

(2) No more than thirty (30) days of leave to serve as an organ donor.

(c) In order to qualify for the leave, the state employee or public school employee must:

(1) Request the leave in writing;

(2) Provide the employing agency written verification by the physician to perform the transplantation that the employee is to serve as a human organ or bone marrow donor; and

(3) Provide the employing agency written verification by the physician performing the transplantation that the employee did serve as a human organ or bone marrow donor.

(d) A state employee or school employee may use the leave as provided in this section without loss or reduction in pay, leave, or credit for time of service.

(e) A state agency or public school shall not penalize an employee for requesting or obtaining leave pursuant to this section.

21-4-216. Leave for participation in children's educational activities.

(a) As used in this section:

(1) "Child" means a person enrolled in prekindergarten through grade 12 (preK-12) who is of the following relation to a state employee:

(A) Natural child;

(B) Adopted child;

(C) Stepchild;

(D) Foster child ;

(E) Grandchild;

(F) Ward of the state employee by virtue of the state employee having been appointed the person's legal guardian or custodian; or

(G) Any other legal capacity where the employee is acting as a parent for the child;

(2)

(A) "Educational activity" means any school-sponsored activity.

(B) "Educational activity" includes without limitation:

(i) A parent-teacher conference;

(ii) Participation in school-sponsored tutoring;

(iii) Participation in a school-sponsored volunteer program;

(iv) A field trip;

(v) A classroom program;

(vi) A school committee meeting;

(vii) An academic competition; and

(viii) Assisting with athletic, music, or theater programs;

(3) "State agency" means an agency, a bureau, a board, or a commission of any branch of state government and all state-supported institutions of higher education; and

(4) "State employee" means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state supported institution of higher education.

(b)

(1) All state employees shall be entitled to eight (8) hours of leave during any one (1) calendar year for the purpose of attending or assisting with the educational activities of a child.

(2) Leave under subdivision (b)(1) of this section:

(A) That is unused may not be carried over to the next calendar year; and

(B) Is not compensable to the state employee at the time of retirement.

6-17-1201. Title.

The title of this subchapter shall be "The Teachers' Minimum Sick Leave Law".

6-17-1202. Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) "Accumulated sick leave" means the total number of days of unused sick leave that a teacher has to his credit;

(2) "Immediate family" includes the teacher's spouse, children, parents, and any other relatives living in the same household;

(3) "Sick leave" means absence with full pay from one's duties in a public school for the reason of personal illness or illness in one's immediate family, except for an absence due to personal injury resulting from either an assault or other violent criminal act as provided in this subchapter; and

(4) "Teacher" includes any full-time employee of a local school district who is compelled by law to secure a license from the State Board of Education as a condition precedent to employment.

6-17-1203. Policies and regulations.

(a) The board of directors of each school district shall adopt written policies for the administration of sick leave.

(b) These policies and regulations shall be a part of the written personnel policies of each district, and a copy shall be furnished to each teacher.

6-17-1204. Amount and use of leave.

(a) Each school district in the state shall provide sick leave for each of its teachers at a minimum rate of one (1) day per month or major portion thereof that the teacher is contracted, at full pay.

(b) Such leave shall be in force beginning with the first day of the first school term for which each teacher is employed.

(c) If a teacher resigns or leaves his teaching position for any reason before the end of the school term, the employing district may deduct from his last paycheck full compensation for any days of sick leave used in excess of the number of days earned.

(d) A teacher shall be entitled to sick leave only for reasons of personal illness or illness in his immediate family.

6-17-1205. Record of used and accumulated leave.

(a) A record of sick leave used and accumulated shall be established and maintained by each school district for each of its teachers.

(b) Sick leave that is unused by a teacher during any school year shall be accumulated in that teacher's sick leave account at a rate of one (1) day per month or major portion thereof employed until ninety (90) days have been accumulated.

(c) A teacher who qualifies for sick leave under Sec. 6-17-1204 may use any amount up to his total number of accumulated days.

(d) Accumulated days of sick leave that are used up may be restored up to ninety (90) days in the same manner that they were first accumulated.

6-17-1206. Credit for leave accumulated in another district.

(a) Whenever an employee of a school district, an educational cooperative, a state education agency, or a two-year college in this state shall leave the school district, educational cooperative, state education agency, or two-year college and accept employment in another school district in this state, educational cooperative, state education agency, or two-year college, the employee shall be granted credit by the new school district, educational cooperative, state education agency, or two-year college for any unused sick leave accumulated by the employee while employed by the former school district but not to exceed a maximum of ninety (90) days.

(b) The accumulated and unused sick leave credit shall be granted to the employee upon furnishing proof in writing from the school district of former employment of the employee.

(c) The provisions of this section shall apply to employment with another school district, educational cooperative, state education agency, or two-year college on or after July 1, 1997.

6-17-1207. Payment for unused leave.

Payment for unused sick leave shall be made from the salary fund of the district, and these moneys shall be included in meeting the annual requirements for payment of teachers' salaries.

6-17-1208. Authority to liberalize policy.

The number of days of sick leave provided by this subchapter are minimums only, and nothing in this subchapter shall prohibit any school district from providing more days of sick leave or from having a more liberal policy for the administration of sick leave, including, but not limited to, the establishment of sick leave pools or banks and allowing district employees who are husband and wife to each utilize the other's accumulated sick leave.

6-17-1209. Leave of absence for personal injury from assault or other violent criminal act.

(a)

(1)

(A) Whenever a schoolteacher is absent from his or her duties in a public school as a result of personal injury caused by either an assault or a criminal act committed against the teacher in the course of his or her employment, the teacher shall be granted a leave of absence from school with full pay for up to one (1) year from the date of the injury.

(B) Teachers who suffer personal injury while intervening in student fights, restraining a student or protecting a student from harm shall be considered to be injured as a result of an assault or a criminal act.

(2) The leave of absence for personal injury from an assault or a criminal act shall not be charged to the teacher's sick leave authorized under this subchapter.

(b) The board of directors of each school district shall adopt written policies for the implementation of this section and incorporate them as part of the written personnel policies of the district.

6-17-1301. Title.
The title of this subchapter is "The School Employees' Minimum Sick Leave Law".

6-17-1302. Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) "Accumulated sick leave" means the total number of days of unused sick leave that a school employee has to his credit;

(2) "Immediate family" includes the employee's spouse, children, parents, and any other relatives in the same household;

(3) "School employee" includes any employee of a school district who works not less than twenty (20) hours per week and who is not compelled by law to secure a teaching license from the State Board of Education as a condition precedent to employment. This subchapter covers those employees who are normally and usually designated as noncertified employees; and

(4) "Sick leave" means absence with full pay from one's duties in a public school for the reason of personal illness or illness in his immediate family.

6-17-1303. Policies and regulations.

(a) The board of directors of each school district shall adopt written policies for the administration of sick leave.

(b) Such policies and regulations shall be a part of the written policies of each district, and a copy shall be furnished to each employee.

6-17-1304. Amount and use of leave.

(a) Each school district in the state shall provide sick leave for each of its employees at a minimum accumulation rate of one (1) day per month or major portion thereof that the employee is employed at full pay.

(b) Such accumulation shall begin with the first month or major portion thereof beginning with the first day of the first school term for which each such individual is employed.

(c) If an employee resigns or leaves his employment position for any reason before the end of the school term, the employing district may deduct from his last pay check full compensation for any days of sick leave in excess of the number of days earned.

(d) An employee shall be entitled to sick leave only for reasons of personal illness or illness in his immediate family.

6-17-1305. Record of used and accumulated leave.

(a) A record of sick leave used and accumulated shall be established and maintained by each school district for each of its employees.

(b) Sick leave that is unused by an employee during any school year shall be accumulated in such employee's sick leave account at a rate of one (1) day per month or major portion thereof employed until ninety (90) days have been accumulated.

(c) An employee who qualifies for sick leave under Sec. 6-17-1304 may use any amount up to his total number of accumulated days.

(d) Accumulated days of sick leave that are used may be restored up to ninety (90) days in the same manner that they were first accumulated.

6-17-1306. Authority to liberalize policy.

The number of days of sick leave provided by this subchapter are minimums only, and nothing in this subchapter shall prohibit any school district from providing more days of sick leave or from having a more liberal policy for the administration of sick leave, including, but not limited to, the establishment of sick leave pools or banks and allowing district employees who are husband and wife to each utilize the other's accumulated sick leave.

6-17-1307. Unused leave - Credit.

(a) Whenever a school employee employed by a school district in this state shall leave the school district and accept employment in another school district, the employee shall be granted credit by the new school district for up to ninety (90) days of unused sick leave accumulated by the employee in the former district.

(b) The accumulated and unused sick leave shall be credited to the employee by the district upon receipt of written proof from the school district in which the employee was formerly employed.

6-17-1308. Absence due to injury from assault.

(a) Each school district shall grant a leave of absence with full pay for a maximum period of one (1) year to any school employee who is absent from duty in a public school as a result of personal injury from an assault or other violent criminal act committed against the employee in the course of employment in the public school. Such leave of absence shall not be charged to the sick leave provided to the school employee under this subchapter.

(b) The board of directors of each school district shall adopt written policies for the implementation of this section and shall incorporate them as a part of the written personnel policies of the district.

6-63-601. Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) "Catastrophic illness" means a medical condition, as certified by a physician, of an employee or of the spouse or parent of the employee or of a child of the employee who may be claimed as a dependent under the Income Tax Act of 1929, Sec. 26-51-101 et seq., which requires an employee's absence from duty for a prolonged period of time and which, except for the catastrophic leave program, would result in a substantial loss of income to the employee because of the exhaustion of all earned sick and annual leave;

(2) "Catastrophic leave" means leave granted to an employee as a result of a catastrophic illness, upon the employee's exhausting of all sick and annual leave;

(3) "Catastrophic leave bank" means a pool of accrued annual leave donated by employees; and

(4) "Employees" means nonfaculty nonclassified personnel employed by a state institution of higher education.

6-63-602. Administration.

(a)

(1) The Department of Finance and Administration shall have administrative responsibility for developing, implementing, and maintaining a catastrophic leave bank program for nonfaculty benefits-eligible, full-time employees of the state institutions of higher education.

(2) Each state institution of higher education may participate in the catastrophic leave bank authorized by this section and administered by the Office of Personnel Management, or the institution may establish a catastrophic leave bank for its employees.

(b) Accrued annual leave and sick leave of employees may be donated to a catastrophic leave bank.

(c) Catastrophic leave with pay may be granted to an employee when such employee is unable to perform his or her duties due to a catastrophic illness.

(d) An employee may be eligible for catastrophic leave when:

(1) The employee has been employed by the state institution of higher education for more than two (2) years;

(2) An acceptable medical certificate from a physician supporting the continued absence is on file; and

(3) The employee has not been disciplined for any leave abuse during the past two (2) years.

(e) If the illness or injury is that of an employee and is covered by workers' compensation, the compensation based on catastrophic leave when combined with the weekly workers' compensation benefit received by the employee shall not exceed the compensation being received by the employee at the onset of the illness or injury.

(f) The Director of the Department of Finance and Administration or his designee shall promulgate necessary rules and regulations as deemed necessary to carry out the provisions of this section.

(g) Nothing in this subchapter shall be construed to repeal in any way the exclusion of nonclassified employees of state-supported institutions of higher learning under the Uniform Attendance and Leave Policy Act, Sec. 21-4-201 et seq.

9-9-105. Employee leave for adoption.
(a)  As used in this section, "employer" means public and private employers, including state departments, agencies, and political subdivisions. 
(b)(1) An employer that permits paternity leave or maternity leave for
a biological parent after the birth of a child shall permit paternity or maternity leave for an adoptive parent upon placement of an adoptive child in the adoptive parent's home if requested by the adoptive parent.
(2) If the employer has established a policy that provides leave time for a biological parent after the birth of a child, the same policy shall apply to an adoptive parent upon placement of an adoptive child in the adoptive parent's home.
(3) A request for additional leave due to the placement and adoption of an ill child or a child with a disability shall be considered by the employer on the same basis as comparable cases of complications accompanying the birth of a child to an employee or employee's spouse.
(c) Any other benefit provided by an employer, such as job guarantee or pay guarantee, shall be available to both biological parents and adoptive parents equally.
(d) An employer shall not penalize an employee for exercising his or her rights under this section.
(e) This section does not apply to an adoption: 
(1)  By the spouse of a custodial parent; 
(2)  Of a person over eighteen (18) years of age; or 
(3) Of a foster child by the child's foster parents.  (Effective 7/26/2011)