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Employees in Puerto Rico with Influenza have a right to 5 Days of Paid Emergency Sick Leave

  • scmplex
  • 4 minutes ago
  • 2 min read

SCMP Breaking News - Labor & Employment

Year 11, Vol. 1 - January 29, 2026



On January 27, 2026, the Puerto Rico Secretary of Health, Dr. Victor Ramos Otero, signed Administrative Order 2026-627 declaring an Influenza epidemic in Puerto Rico. On that same date, January 27, 2026, the Governor of Puerto Rico, the Hon. Jenniffer A. González, issued Executive Order No. OE-2026-005 declaring a state of emergency based on the Influenza epidemic in Puerto Rico. Pursuant to such Executive Order, the state of emergency will last until the Department of Health declares an end to the epidemic.

 

This Executive Order, in turn, has triggered Puerto Rico Law 37-2020, which provides a paid 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, Influenza. 

 

What benefits does Law 37-2020 provide?       

 

Under Law 37-2020, private sector employees who become ill or are suspected of being ill with the disease that provoked the state of emergency are entitled to five (5) additional sick leave days, 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?

 

  • Executive Order 2026-005 will be in effect until the Department of Health declares an end to the epidemic. Thus, after the Executive Order expires, employees will no longer have a right to the emergency leave.

  • The paid 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.


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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