7.13 Leave of Absence without Pay

(Board Policy 420.6) 

Leave of absence without pay for University employees is governed by University of Arkansas Board of Trustees Policy 420.6, by state and federal law, and by this policy. 

Leave of absence without pay may be available under the following circumstances through specific campus policies and processes involving Human Resources and the Office of Equal Opportunity, Compliance, and Title IX. 

  • Necessary absences because of an employee or immediate family member's serious health condition (see 7.6 Family and Medical Leave) as provided by the Family and Medical Leave Act of 1993 (FMLA) when the absence extends beyond your available earned annual and sick leave. On a case-by-case basis, unpaid leave will be considered as a form of reasonable accommodation for qualified individuals with disabilities in accordance with the Americans with Disabilities Act.  
  • Military leave that involves active duty or active duty for specialized training (see 7.10 Military Leave).  
  • Leave for religious holiday observance not included in the university's published schedule of official holidays, under the circumstances provided in UASP 435.1. 

Leave of absence without pay for other purposes is not guaranteed and is granted in limited circumstances and in the best interests of the university. Leave without pay for employees shall not normally exceed six months, provided that the President (or their designee) may under special circumstances, approve leave without pay for a period not to exceed a year.   

To seek leave without pay for circumstances not falling into one of the above listed categories, employees must complete the form provided for this purpose (attached). The application must be submitted sufficiently in advance of the starting date for the proposed leave for required review and approvals to take place. Such requests for leave of absence without pay are made through and must be approved by the employee’s department or unit head, dean/vice provost/associate vice chancellor, vice chancellor, and the Chancellor.  If approved by the Chancellor, the request is furnished to the President of the University of Arkansas System (or their designee) for final consideration. 

Employees must use all of their accumulated annual leave before taking leave without pay, except in the case of a maternity-related health condition or to bond with a child following birth, adoption, or placement for foster care (consistent with Section IV of Board Policy 420.3) or certain types of military leave. Employees do not earn annual leave or sick leave if they are on leave without pay for 10 or more business days during a calendar month. Employees are not to be paid for any legal holidays while they are on leave without pay. 

When employees are on leave without pay, they may continue to participate in the university's group insurance programs. However, employees are responsible for paying the full cost of coverage (both the employee and university portions) for any pay period in which they do not receive sufficient pay to cover their benefit deductions. This may occur if they are on leave without pay or if their earnings are not enough to cover the required premiums. For those benefits provided by the university, with no employee contribution (basic life insurance and long-term disability insurance), employees must pay the amount of the university's contribution. If the full amount of premiums due is not paid, the university will terminate coverage per the Plan document, as permitted by law.  

Except for military, FMLA, or ADA-based leave without pay, employees who take leave without pay for a substantial period (such as a semester) are expected to return at the end of their leave of absence and serve the University for at least one year with the understanding that they are eligible to participate in any salary increase which normally would be awarded based on their performance for the period of time they were actively employed in a paid status during each evaluation year or other qualifying criteria set by the campus. If an employee fails to report to work promptly at the end of an authorized period of leave without pay, their employment with the university may be terminated.  

The chancellor may place an employee in a leave-without-pay status for disciplinary reasons consistent with Board of Trustees and UA System Policies and Procedures and in accordance with the written employment policies of the campus. In this instance, the individual is not required to exhaust annual leave and sick leave before being placed in leave-without-pay status.