in the state of Arkansas our maturnity leave at work is 6 weeks. This person had a c section, no complications and will not give us a return date. Says we have to understand....she does not have a baby sitter. What does the law provide for this and when she does return are we required to hold her job open until she decides to return?

How long has she worked for you?

Do you have at least 50 employees within 75 miles of your location?

Has she worked a minimum of 1,250 hours in the 12 months immediately following her leave?

EXACTLY how much time has she taken, as of today, related to her pregnancy?

I'll delete your duplicate post.

shes been here one year.
we have less than 50 employees.
she has not worked since the 6th of April.
Not sure exactly how much time shes missed but quite a bit.

Since you have less than 50 employees, FMLA does not apply.

Arkansas does not have any family or maternity leave laws.

Therefore, you only have to hold her job for the 6 weeks maternity leave your company policy offers or the same amount of time you would offer to a similarly situated employee with a non-maternity condition, whichever is longer.

You are NOT obligated to hold her job until she finds a babysitter and you do NOT have to hold her job until she decides to return. But you cannot give her less time than you would give to another employee who has been with you for a year and had a broken leg or pneumonia.