Bone Marrow or Organ Donor Leave Handbook Statement: Arkansas

Author: Amy E. Mendenhall, Marissa L. Dragoo, Corinn Jackson and Judith A. Paulson, Littler

When to Include

Arkansas employers (e.g., sole proprietors, corporations) with one or more employees should consider including this statement in their handbook to educate employees, including supervisors, about the availability of bone marrow or organ donor leave and to show their compliance with Arkansas law.

Customizable Handbook Statement

Bone Marrow or Organ Donor Leave

Employees who undergo a medical procedure to donate bone marrow or an organ will be provided with [insert paid or unpaid] time off, not to exceed 90 days. Employees seeking leave under this policy must submit a written request to their supervisor, to Human Resources [or insert name of appropriate company representative or department].

Leave under this policy is not available to an employee who is eligible for leave under the federal Family and Medical Leave Act.

Guidance for Employers

  • Provide an unpaid or paid leave to any employee who provides a written request for a leave to serve as a bone marrow or organ donation leave.
  • The leave must equal the time period requested by the employee, or 90 days, whichever amount of time is less.
  • Employers can agree to grant additional time over 90 days.
  • If an employer pays an employee their regular wages during the leave, the employer is entitled to a credit against Arkansas withholding tax liability equal to 25% of the regular salary or wages paid to the employee while on leave. The credit must be taken within one year of the date when the leave began.
  • The right to an unpaid leave for bone marrow or organ donation does not apply if an employee is eligible for leave under the federal Family and Medical Leave Act (FMLA).

Additional Resources

Other Leaves: Arkansas