Search form

Puerto Rico Legislature Approves Bill to Expand Paid Sick Leave Use

By Maralyssa Álvarez-Sánchez
  • December 9, 2015

Seeking to allow non-exempt employees to use paid sick leave for the illnesses of their family members and others, the Puerto Rico Legislature has sent a bill to Governor Alejandro García-Padilla to so amend the Commonwealth’s existing paid sick leave law. If House Bill 695 is approved, the amendments would become effective immediately. The Governor has 30 days to approve or veto HB 695.

HB 695 amends Puerto Rico Act No. 180 of 1998, which mandates accrual of one day of paid sick leave for each month in which the non-exempt employee works at least 115 hours. Employees who meet this threshold can accrue 12 days of sick leave a year and may roll over unused sick leave time, subject to a cap.

HB 695 expands the circumstances under which employees can use accrued sick leave. If approved, qualifying employees may use up to five days of accrued sick leave for the care and attention for reason of illness:

  1. of the employee’s children, spouse, mother, or father; or
  2. of minors, persons of advanced age, or disabled persons of which the employee has custody or is the legal guardian.

This expanded use of sick leave is available as long as the employee maintains a balance of at least five days of sick leave.

HB 695 also expands the existing documentation requirements of Act 180 by providing that employers can require medical certificates if absences under the two circumstances mentioned above exceed two working days.

Expanded use of sick leave under the proposed amendment would not apply to businesses with fewer than 15 employees.

Jackson Lewis will continue to monitor HB 695 and report on further developments. Please feel free to contact the Jackson Lewis attorney with whom you regularly work if you have questions regarding HB 695 or Puerto Rico employment law.

©2015 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

February 23, 2018

How to Calculate New Federal Paid Family Leave Tax Credit

February 23, 2018

The Tax Cuts and Jobs Act of 2017 provides a tax credit to employers that voluntarily offer paid family and medical leave to employees. Under new Section 45S of the Internal Revenue Code, employers that voluntarily offer qualifying employees up to 12 weeks of paid family and medical leave annually pursuant to a written policy may... Read More

February 21, 2018

Maine Recreational Marijuana Law Limits Drug Testing, Disciplinary Consequences Imposed by Employers

February 21, 2018

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal... Read More

February 7, 2018

Déjà Vu: Implications of a Government Shutdown on Federal Contractors

February 7, 2018

For the second time in a month, for lack of agreement on funding the government long-term, we face the specter of a government shutdown. The government shutdown that began on January 20, 2018, lasted three days. Congress ended that shutdown after voting on a stopgap measure to fund the government until February 8, 2018. As that date... Read More