SCMP Breaking News - Labor & Employment
Year 9, Vol. 3 - April 1, 2024
On March 26, 2024, the Puerto Rico Secretary of Health, Dr. Carlos Mellado, signed Adminstrative Order 2024-589 declaring a public health emergency in Puerto Rico due to dengue for a period of ninety (90) days.
The new administrative order, in turn, has triggered Puerto Rico Law 37-2020, which provides a five (5) day emergency sick leave to non-exempt employees in Puerto Rico who become sick with an illness that is declared a public health emergency, in this case, dengue.
What benefits does Law 37-2020 provide?
Under the law, during a state of emergency declared by the Secretary of Health, private sector employees who become ill or are suspected of being ill with the disease that provoked the state of emergency shall be entitled to enjoy five (5) additional days of sick leave, once they have exhausted all their accrued sick days, vacation days and all other accrued leaves to which they are entitled, including those provided by the employer.
Important Points
Administrative Order 2024-589 will be in place for ninety (90) days. Thus, after the Administrative Order expires, employees will no longer have a right to the emergency leave.
The five (5) day leave may only be taken by an employee once during the declared public health emergency.
Law 37-2020 only applies to non-exempt employees and employers have discretion, but are not required, to provide this benefit to exempt employees.
Employers may not consider any leave taken under Law 37-2020 when taking disciplinary actions or measures against an employee. The days taken as medical leave under this law are considered justified sick days for all employment purposes.
SCMP will keep you updated as to any developments regarding this very important and crucial matter for employers in Puerto Rico.
Should you require further advice or assistance in relation to this matter, please contact us at (787) 945-0380.
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-Cofresí, Manzano & Padró, LLC
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