Law Name : Puerto Rico Leave for Pregnancy Workers and Maternity Recovery
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| Summary of Regulation: |
| Pregnant employees shall be entitled to a paid rest period before and after childbirth. |
| Reasons for Leave : |
- Pregnancy and childbirth.
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| Leave Entitlement (Available Time Off) : |
| Generally 8 weeks (4 weeks before and 4 weeks after birth). |
| Eligibility Requirements : |
- All female employees who are at work or who are enjoying vacation or sick leave, as well as any other special leave or rest period authorized by law in which the employer-employee bond continues to be in effect.
- No additional requirements for leave taken for pregnancy/birth. For adoption leave, the employee must provide notice 30 days in advance and specify the intended date of return.
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| Concurrent Policies with other leaves : |
| Nothing prohibits FMLA from running concurrently. |
| Notes/Important Information : |
- If employee provides certification of ability to work up to 1 week before childbirth, she may opt to take only 1 week of prenatal rest and extend the postnatal rest period by 7 weeks.
- If the child is born before the prenatal rest period has started or elapsed, the employee may extend the postnatal rest period.
- If the date of childbirth is mistakenly estimated so that the employee had 4 weeks of prenatal rest without giving birth, the prenatal period must be extended on the same basis.
- If the employee sufferers a postnatal complication preventing her from returning to work after the 4-week period, the employer must extend the rest period for a term of up to 12 weeks. The additional weeks are unpaid.
- Female employees who adopt a child age 5 or younger and who is not registered for school are entitled to the same benefits as female employees who give birth. However, employees are not entitled to adoption leave until the child is placed with the family. Therefore, pre-placement leave related to an adoption would only be covered by FMLA.
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Link to website with more information:
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Law Name : PR Adoption Leave for Female Workers
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| Summary of Regulation: |
| Every female employee who adopts a preschool-aged child (a child who is 5 years of age or less) shall be entitled to the same benefits under the maternity leave as a female employee who gives birth to a child. |
| Reasons for Leave : |
- Adoption of a child, 5 years of age or less
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| Leave Entitlement (Available Time Off) : |
| 8 weeks per adoption event |
| Eligibility Requirements : |
- No length of service or hours worked requirement
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| Concurrent Policies with other leaves : |
| none |
| Notes/Important Information : |
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Link to website with more information:
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Law Name : Puerto Rico State Military Leave
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| Summary of Regulation: |
| Any employer who prevents, obstructs or does not allow a member of the Military Forces of Puerto Rico to be absent from his respective office or employment in order to report to military duty as part of his military training or in compliance with a call to Commonwealth Active Military Service, or who dismisses or in any other way discriminates against an employee by reason of his absences in the performance of any military duty as above mentioned or by reason of being a member of the Military Forces of Puerto Rico shall be guilty of a felony and upon conviction shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for not more than three (3) years, or both penalties, in the discretion of the court. |
| Reasons for Leave : |
- MIL_SDF_ACTIVE
- MIL_SDF_TRAIN
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| Leave Entitlement (Available Time Off) : |
| Unlimited protected time away from work |
| Eligibility Requirements : |
- No hours worked or months of service requirement
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| Concurrent Policies with other leaves : |
| None Specified |
| Notes/Important Information : |
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Link to website with more information:
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