Vacation Leave

In Puerto Rico, employees are entitled to annual vacation leave. Vacation accrual applies to nonexempt employees, as well as exempt employees who don’t fall under the traditional executive, administrative, or professional exemptions. To qualify, employees must work at least 130 hours in a month.

For employees hired before January 26, 2017:

• They accrue 1.25 vacation days per month, up to 15 days per year

For employees hired on or after January 26, 2017, vacation accrual is based on years of service:

• First year: 0.5 days per month (up to six days/year)

• Years two–five: 0.75 days per month (up to nine days/year)

• Years six–15: One day per month (up to 12 days/year)

Sick Leave  

Employers are required to provide paid sick leave in certain situations. Employees accrue one day of paid sick leave per month, up to 12 days per year, as long as they work at least 130 hours in a month. Employees must notify their employer of an illness as soon as possible. If the sick leave is related to caregiving and lasts more than two workdays, employers may request a medical certificate and periodic updates on the expected duration of the absence.

Paternity Leave

In Puerto Rico, private employers aren’t legally required to provide paid paternity leave. However, they can choose to offer it voluntarily. Eligible employees may still qualify for unpaid paternity leave per the U.S. federal Family and Medical Leave Act.

Maternity Leave 

Pregnant employees are entitled to eight weeks of paid maternity leave, typically split into four weeks before birth and four weeks after. With a medical certificate, an employee may choose to start leave as late as one week before the due date, which allows seven weeks of leave after birth instead. Compensation for paid leave is given as a lump sum at the start of the leave period. 

Other related maternity leave includes:

• Pregnancy Leave: Under the federal Family and Medical Leave Act (FMLA), employees may take leave for serious health conditions related to pregnancy.

• Pregnancy Discrimination Protections: The Pregnancy Discrimination Act (PDA) requires employers to treat pregnant employees the same as any other employee with temporary work limitations.

• Pregnant Workers Fairness Act (PWFA): Employers with 15 or more employees must provide reasonable accommodations for pregnancy, childbirth, or related medical conditions. This can include adjusted duties or additional leave.

• Newborn Care Leave: Under the FMLA, eligible employees may take 12 weeks of unpaid leave to bond with a newborn within the first year of birth. If both parents work for the same employer, they’re entitled to a total of 12 weeks.