In dealing with arrests or incarcerations of employees, one option is to have a general policy that allows employees to take personal leave without pay for a justified cause. This is probably a more useful way to address the situation, especially if you have few employees and do not expect this type of problem to occur with regularity.
Here is an example of a generic personal leave policy (note that this is not the same as sick time, vacation time, or other kinds of time away from work).
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ABC Company may grant you an unpaid personal leave of absence of up to six months for a justified reason. Justification will be determined by ABC Company.
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