Definitions
Effective Oct 13, 2025Ark. R. 2025-18 (eff. October 13, 2025)Arkansas Code § 6-11-105; Arkansas Code § 6-17-122
As used in this part:
- (1) “Adoptive child” means a minor child who has been legally adopted by an eligible employee pursuant to the Revised Uniform Adoption Act, Arkansas Code § 9-9-201 et seq.;
- (2) “Agreement” means the agreement entered into between a school district or open-enrollment public charter school and the Division of Elementary and Secondary Education regarding the reimbursement of expenses incurred for substitute staff for eligible employees on maternity leave;
- (3) “Division” means the Division of Elementary and Secondary Education;
- (4) “eFinance” means the financial management system utilized by a school district for entering financial transactions;
(5)
(A) “Eligible employee” means an individual, as defined in Arkansas Code § 21-4-214(d)(2) and consistent with the Governor’s Executive Order entered on October 19, 2023, who is employed full-time by a public school district or open-enrollment public charter school in Arkansas for more than one (1) calendar year preceding:
- (i) The birth of a child;
- (ii) The placement of a foster child who is less than one (1) year old at the time of the placement; or
- (iii) The adoption of a child who is less than one (1) year old at the time of the adoption so long as no leave under this rule has been taken for the benefit of the adopted child based on a prior foster placement.
- (B) For the purposes of this part, an employee who has been disciplined for any leave abuse during the twelve-month period prior to the staff member’s request for maternity leave shall not be eligible for paid maternity leave;
(6) “Employed full time” means the employee is:
- (A) In a position that requires, during the duration of a contract, an average of at least thirty (30) hours per week of actual performance of duty during the annual school year; or
- (B) A full-time school bus driver who is employed by a school district to drive regular routes during the school year;
- (7) “Foster placement” means the arrangement of care for a juvenile in the custody of the Department of Human Services within the home of an employee of a public school district or open-enrollment public charter school pursuant to Arkansas Code § 9-28-108;
(8) “Maternity leave” means partially or fully compensated time away from work within the first twelve (12) weeks, including any extensions provided for in this part, immediately following the:
- (A) Birth of a biological child by an eligible employee;
- (B) Placement of an adopted child under one (1) year of age in the home of an eligible employee; or
- (C) Foster placement of an infant under one (1) year of age in the home of an eligible employee; and
- (9) “Substitute staff” means an individual or entity employed or contracted for the primary purpose of fulfilling the duties of an eligible employee on maternity leave.