Arkansas Civic Duty Leave Laws: Do Employers Have to Pay for Jury Duty and Voting Time?

Balancing work responsibilities with the legal requirements of civic duty can be highly stressful for employees in Arkansas. When a jury summons arrives in the mail or an important Election Day approaches, many workers panic, fearing they might lose their job or face severe disciplinary action if they ask for time off.

The state of Arkansas recognizes that a functioning justice system and a democratic society rely on the participation of its citizens. To ensure residents in cities like Little Rock, Bentonville, and Jonesboro can participate without fear of unemployment, state lawmakers have enacted specific legal protections. However, it is crucial to understand that "job protection" does not automatically mean "paid leave." Understanding your rights regarding unpaid leave, notice requirements, and protection from retaliation is vital for every Arkansas worker.

If you have been fired, demoted, or penalized for attending jury duty or attempting to vote, your employer has broken the law. You can use our US Lawyer directory to locate an Arkansas employment rights attorney to help you file a wrongful termination claim.

Jury Duty Summons: Job Protection vs. Wages

Receiving a jury summons is a legal order from a court. You cannot simply ignore it because your boss says they are too busy. Under A.C.A. § 16-31-106, Arkansas law provides incredibly strong protections for employees called to serve.

It is entirely illegal for an employer to fire, penalize, or threaten to fire an employee for missing work to attend jury duty. If an employer violates this law, they can be charged with a Class A misdemeanor. However, the law explicitly states that employers are not required to pay you for the hours or days you miss while serving on the jury. You will only receive the small daily stipend provided by the state or federal court system, unless your company has a private policy offering paid civic leave.

Time Off to Vote in Arkansas Elections

Arkansas encourages its citizens to vote, but the laws surrounding time off are very specific. Under A.C.A. § 7-1-102, employers must schedule the work hours of employees on Election Day in a way that provides them with an opportunity to cast their ballot.

If your scheduled shift completely overlaps with the 13 hours that polling locations are open, your employer must adjust your schedule or grant you unpaid time off to go vote. Employers who intentionally interfere with an employee's right to vote or threaten them with termination for leaving to vote can be subjected to criminal fines. Similar to jury duty, Arkansas law does not mandate that this voting time be paid, meaning you will likely clock out while you visit the polls.

Responding to Witness Subpoenas

If you witness a crime or are involved in a civil lawsuit, you may be served with a court subpoena compelling you to testify. Much like a jury summons, a subpoena is a legal mandate, not an invitation. While Arkansas statutes heavily emphasize jury duty protections, public policy and wrongful termination laws generally protect employees from being fired for complying with a valid court subpoena. You must inform your HR department immediately and provide a copy of the subpoena to secure your unpaid leave.

Step-by-Step Guide to Taking Civic Duty Leave

To ensure your job is protected, you must follow standard professional procedures when requesting civic duty leave.

Step 1: Provide Immediate Notice

Do not wait until the day before your jury duty or Election Day to tell your manager. As soon as you receive a summons in the mail from the Pulaski County Circuit Court, Little Rock, present it to your supervisor or HR department. Advance notice is required to maintain your legal protections.

Step 2: Keep Copies of All Documents

Make a photocopy or take a picture of your jury summons, subpoena, and any written requests you make to HR regarding voting time. Keep these records at home. If your employer retaliates, this paperwork is your primary evidence.

Step 3: Obtain a Proof of Service Certificate

When you finish your jury service, the court clerk will give you a certificate of jury service showing exactly which days and hours you were at the courthouse. Hand this to your employer as proof that you were fulfilling your legal obligations.

How Much Does it Cost to Sue for Civic Duty Retaliation?

If you are illegally fired for fulfilling your civic duties, hiring an employment lawyer is highly accessible, as most work on a contingency fee basis.

How Long Does a Retaliation Claim Take?

If your employer clearly violated A.C.A. § 16-31-106 by firing you for jury duty, the threat of a misdemeanor charge often prompts their legal team to settle the wrongful termination claim quickly, sometimes within 3 to 6 months. However, if the employer denies the firing was related to your civic duty (claiming you were fired for poor performance instead), litigating the case through an Arkansas court can take 12 to 18 months.

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