P.R. Law No. 180 of July 27, 1998 Amended
P.R. Law 251-2015, enacted on December 31, 2015, amends Law No. 180 of July 27, 1998, also known as “Ley de Salario Mínimo, Vacaciones y Licencia por Enfermedad”.
Pursuant to Law 251-2015, workers may to take up to five (5) days of sick leave to address situations of illness or treatment of their children, spouse and/or elders or disabled persons under their care or custody.
A leave of absence, which shall not exceed five (5) days, may be granted only for the following purposes:
- Addressing the care and attention of an ill son or daughter (no age restriction).
- Addressing the illness or health-related matters of:
- the spouse;
- a person who is 60 years of age or over under the employee’s custody or guardianship; or
- a person with a disability, whether physical or mental, under the employee’s custody or guardianship.
Additionally, in order to qualify for a leave of absence under Law 251-2015, the employee must have a remaining balance of at least five (5) sick days accumulated at the time of application for this leave. The employee must include with his application a medical certificate stating the illness or conditions of his children, spouse and/or parents, as well as for minors, elderly or disabled persons under his guardianship or legal custody for which this leave is requested. The time allowed under this leave is deducted from the employee’s regular accrued sick leave balance, as established by the applicable policy.
Finally, the use of this leave of absence does not excuse the employee from complying with the rules of conduct and policies established by the employer, such as attendance and punctuality, among others.