Puerto Rico’s Influenza Emergency: Special Paid Sick Leave Rules Activated

Takeaways

• Puerto Rico’s governor issued an executive order, effective immediately, declaring a public health emergency due to epidemic-level influenza cases. 
• The declaration is in effect until the emergency ends and triggers a special statutory paid sick leave requiring employers to provide up to five additional days of paid sick leave for certain employees.
• Employers should ensure compliance and monitor developments during the emergency.

Related links

• Executive Order 2026-005
• Puerto Rico Enacts Five-Day Paid Emergency Leave for Pandemic Illness

Article

On Jan. 27, 2026, Puerto Rico Gov. Jennifer González-Colón issued an executive order (EO) declaring a public health emergency due to the high prevalence of cases of influenza on the Island and triggering non-exempt employees’ special paid sick leave entitlement.

EO 2026-005 comes on the heels of an earlier administrative order by the Puerto Rico Department of Health declaring that influenza cases have reached epidemic levels in Puerto Rico. The EO went into effect immediately and will be in force until the emergency passes.

Accordingly, employers are now required to provide non-exempt employees who have or are suspected of having influenza the five-day special paid leave due to emergencies declared by Puerto Rico, under Law No. 37-2020.

Under the law, once accrued sick leave is exhausted, employees may use any other leave they are entitled to in order to receive pay during any absence. Should the employee still need additional leave, Law 37-2020 provides up to five days of additional paid sick leave.

Jackson Lewis attorneys are closely monitoring updates and changes to legal requirements and guidance and are available to help employers weed through the complexities.

If you have questions or need assistance, please reach out to the Jackson Lewis attorney with whom you regularly work.