Employees may need to take time off for various reasons, including health issues, family obligations, military service, or civic duties. Both federal and state laws govern when and how workers can take a leave of absence without fear of retaliation or job loss.
The sections below explore the key types of legal leaves of absence in Arizona.
Family and Medical Leave Act (FMLA)
Arizona does not have its own state-specific family leave law. Eligible employees in Arizona are covered under the federal Family and Medical Leave Act (FMLA).
To qualify, employees must have worked for a covered employer (50+ employees) for at least 12 months and logged 1,250 hours in the past year. The FMLA provides 12 weeks of unpaid, job-protected leave within a 12-month period.
Qualifying reasons include:
- Birth, adoption, or foster placement of a child
- Serious health condition of the employee
- To care for a spouse, child, or parent with a serious health condition
- Qualifying exigency due to a family member’s military deployment
Employees can also seek up to 26 weeks to care for a covered servicemember with a serious injury or illness. Employers must continue to provide health benefits during the leave and restore employees to the same or equivalent position upon return.
Fair Wages and Healthy Families Act
Arizona’s Fair Wages and Healthy Families Act mandates paid sick leave for employees statewide. The FWHFA applies to all private employers, regardless of size. The law provides 1 hour of paid sick leave for every 30 hours worked, up to 40 hours per year for employers with 15+ employees, and up to 24 hours per year for smaller employers.
Permissible uses include:
- Personal illness or health condition
- Caring for a sick family member
- Domestic violence, sexual violence, abuse, or stalking (including legal or medical services)
- Public health emergencies (e.g., COVID-19-related closures or quarantines)
This leave is paid, and retaliation for using it is prohibited.
Military Leave
Under both federal law (USERRA) and Arizona state law (A.R.S. § 26-168), employees who are in the armed forces have job protection when called to active duty, training, or emergency service.
Protections include reinstatement to the same or equivalent position, protection from discrimination based on military service, and maintenance of seniority and benefits during leave.
Jury Duty and Witness Leave
Under Arizona law, employers must allow employees to take leave for jury duty. Likewise, employees cannot be fired or penalized for serving on a jury.
While employers are not required to pay for jury duty time, many choose to do so voluntarily.
Employees also have the right to attend court proceedings as witnesses if subpoenaed, and employers are prohibited from retaliating against them for such absences.
Voting Leave
Arizona law encourages civic participation by allowing employees paid time off to vote under certain conditions.
If an employee’s shift starts less than three hours after polls open or ends less than three hours before polls close, the employer must allow up to three hours of paid leave to vote.
The leave must be requested in advance, and employers can specify the hours when leave is taken.
Contact a Phoenix Employment Lawyer For Help Understanding Your Paid Leave
Arizona employees have the right to take leave for personal or family health issues, civic duties, military service, and safety-related concerns. Employers must ensure compliance with federal and state leave laws.
If your employer has denied your valid leave request or if you’re having an issue, Houk Employment Attorneys is here to help. Contact us today for an initial consultation with a Phoenix employment attorney.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
