2023 Arkansas General Assembly looking at paid maternity leave

The 94th Arkansas General Assembly is now in session, and bills related to employment are being introduced. Of course, the mere introduction of a bill doesn’t mean it will ultimately be reported out of committee, much less voted into law. Particularly of interest to employers is a bill to mandate paid maternity leave in certain situations, which we cover here. You may wish to keep an eye on other potential legislation of interest, however, and maybe even inform your representative and senator regarding your views on proposed bills.

Paid maternity leave

House Bill (HB) 1006 seeks to add Section 11-5-119 to Chapter 5 of Title 11 of the Arkansas Code—“Working Conditions Generally”—to require 12 weeks of paid maternity leave for employees of companies offering abortion coverage under their health benefit plans.

First, it applies only to employers with 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. This tracks the coverage of the Family and Medical Leave Act (FMLA).

Second, only full-time employees who have been employed for at least 12 months are eligible. The bill doesn’t mention whether the period must be consecutive months immediately prior to the leave. The FMLA regulations provide, however, that it can be cumulative of several periods of broken service.

Third, and most important, paid maternity leave is only required if the employer “covers abortions or travel expenses related to abortions for employees.”