Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 4 - ATTENDANCE AND LEAVE (§§ 21-4-101 — 21-4-505) › Subchapter 2 - UNIFORM ATTENDANCE AND LEAVE POLICY ACT (§§ 21-4-201 — 21-4-218) › Section 21-4-205 - Annual leave - Unused leave

(a)
(1)
Except as provided in subdivision (a)(2) of this section, whenever an employee is separated from the state agency by reason of resignation, layoff, termination of appointment, or dismissal, the unused annual leave to his or her credit as of his or her last duty date shall be liquidated by a lump-sum payment, not to exceed thirty (30) working days, inclusive of holidays.
(2)
Unused annual leave to the credit of the following shall be liquidated by a lump-sum payment, not to exceed forty-five (45) working days, inclusive of holidays:
(A)
A fire and emergency service employee under §
21-4-204(a)(2)
; and
(B)
A critical-need employee.
(b)
(1)
Unused accumulated annual leave of a deceased employee, not to exceed thirty (30) days, shall be payable either to the estate of the deceased or to an individual authorized to receive such payment.
(2)
Payment for services of an employee on leave with pay status at the time of death shall continue through close of business on the day of demise.
(3)
No payment shall be made in any case until it shall have been determined that the deceased was not indebted to the agency.
(4)
A voucher shall be prepared for the money due to be made payable either to the estate of the deceased or to an individual authorized to receive such payment.
(c)
(1)
If at the end of a calendar year the cumulative annual leave of a critical-need employee exceeds forty-five (45) days and one (1) or more written or electronic requests by the critical-need employee to use annual leave were denied in written or electronic form due to the staffing needs of the state agency employing the critical-need employee, then the amount of the annual leave that was requested by the critical-need employee but denied shall be liquidated by a lump-sum payment to the critical-need employee.
(2)
The total amount of the lump-sum payment to a critical-need employee under subdivision (c)(1) of this section shall not exceed the value of the cumulative annual leave exceeding forty-five (45) days at the end of the calendar year.
(d)
(1)
A state agency:
(A)
Shall monitor the annual leave balance of a critical-need employee; and
(B)
May request that a critical-need employee use annual leave to avoid his or her cumulative annual leave's exceeding forty-five (45) days.
(2)
(A)
If a state agency determines the cumulative annual leave of a critical-need employee will exceed forty-five (45) days at the end of a calendar year, the state agency employing the critical-need employee may instruct the critical-need employee to use annual leave on one (1) or more specified dates prior to the end of the calendar year.
(B)
A state agency instructing a critical-need employee to use annual leave under subdivision (d)(2)(A) of this section shall notify the employee at least fourteen (14) days before a specified date to use annual leave.
Amended by Act 2021, No. 378,§ 4, eff. 3/17/2021.
Acts 1975, No. 567, § 4; A.S.A. 1947, § 12-2367; Acts 2007, No. 606, § 1.