Puerto Rico Senate Considers Unpaid Emergency Leave for Pandemic Illness

DMEC StaffLegislative Updates

Puerto Rico Senate Considers Unpaid Emergency Leave for Pandemic Illness

By Sara E. Colón-Acevedo, Juan Felipe Santos, & Maralyssa Álvarez-Sánchez

Jackson Lewis P.C.

Following the outbreak of the Coronavirus (COVID-19) and the World Health Organization’s declaration of a pandemic, on Mar. 12, 2020, the Puerto Rico House of Representatives approved House Bill 2428 to establish a new unpaid emergency leave of 20 days for employees with a suspected or actual diagnosis of a pandemic illness.

HB 2428 seeks to amend Puerto Rico Law 180-1998, which establishes paid sick and vacation leave benefits to some private sector employees, excluding employees classified as executives, administrators, and professionals, among others.

If HB 2428 is enacted, employees who are sick or suspected of being sick as a result of a pandemic illness during a state of emergency declared by the Governor of Puerto Rico, or the Secretary of the Department of Health, must first use any accrued sick leave. Once accrued sick leave is exhausted, employees may use accrued vacation leave to receive pay during any absence. Should the employee need additional leave, HB 2428 provides an unpaid emergency leave of 20 working days. Under the bill, employers may allow employees to use the unpaid emergency leave before using accrued vacation leave. Read more.

***This article originally appeared on the Jackson Lewis’ Disability, Leave & Health Management blog and was reposted on the DMEC website with their permission.***