Arkansas
Verified February 2026Arkansas Civil Rights Act of 1993
Ark. Code Ann. §§ 16-123-101 to 16-123-108
Arkansas does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Arkansas, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
However, Arkansas workers do have state-level anti-discrimination protections through the Arkansas Civil Rights Act of 1993 (Ark. Code Ann. §§ 16-123-101 to 16-123-108). This law prohibits employment discrimination based on race, religion, national origin, gender, and disability. Notably, it applies to employers with just 9 or more employees – a lower threshold than the federal ADA’s 15-employee requirement. This means more Arkansas workers have access to disability discrimination protections than under federal law alone.
One of the most distinctive features of Arkansas employment law is that workers can file lawsuits directly in state court without first filing a charge with the EEOC or any state agency. Arkansas does not have a dedicated state employment discrimination enforcement agency. This direct-to-court approach is unusual among states and gives workers more immediate access to legal remedies, but it also means there is no free state-level investigation or mediation process available.
For workers facing mental health challenges or disability discrimination, the combination of federal FMLA, the federal ADA, and the Arkansas Civil Rights Act creates a layered set of protections. The Arkansas law’s lower employer threshold is especially important for workers at smaller companies who would not be covered by federal anti-discrimination statutes.
Employer Size
9+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Arkansas does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The Arkansas Civil Rights Act of 1993 covers employers with 9 or more employees, lower than the federal ADA threshold of 15. Workers can file lawsuits directly in state court without first filing an EEOC charge.
Additional Protections
Arkansas Civil Rights Act of 1993
Prohibits employment discrimination based on race, religion, national origin, gender, and disability. Covers employers with 9+ employees – lower than the federal 15-employee threshold. Workers may file lawsuits directly in state court without first filing an administrative charge.
Ark. Code Ann. § 16-123-107
Arkansas Whistle-Blower Act
Protects public employees who report violations of law from retaliation. Does not cover private-sector employees but provides a model for whistleblower protections in the state.
Ark. Code Ann. § 21-1-601 et seq.
1. Request FMLA Leave (Federal)
Since Arkansas has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Discrimination Complaint
- Verify your employer has 9+ employees (Arkansas Civil Rights Act threshold) or 15+ employees (federal ADA threshold).
- Option A (Direct Lawsuit): Under Arkansas law, you may file a lawsuit directly in state court without first filing a charge with any agency. Consult an employment attorney to pursue this route.
- Option B (EEOC): File a charge with the EEOC Little Rock Area Office within 180 days of the discriminatory act.
- The EEOC will investigate and may attempt mediation or conciliation.
Note: Arkansas does not have a dedicated state employment discrimination agency. The ability to file directly in court is an unusual and significant advantage for workers in this state.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination charge with the federal EEOC (standard deadline; no state agency extends this in Arkansas)
- 300 days - EEOC filing deadline in states with a qualifying state agency (does NOT apply in Arkansas – the 180-day deadline applies instead)
- No strict deadline - Arkansas Civil Rights Act lawsuits filed directly in state court are subject to general statute of limitations rules (typically 1–3 years depending on the claim)
- 2 years - Statute of limitations for workers’ compensation claims
Official Resources
Frequently Asked Questions
Check Your Eligibility
Get a free rights assessment based on your specific situation in Arkansas.
Free Rights Check