While Puerto Rico has no general law dealing with family and medical leave, it does have statutory provisions requiring certain employers to provide maternity leave. Teachers are entitled to eight weeks' paid maternity leave for the birth of a child or the adoption of a preschool-aged child. This leave may be taken four weeks prior to the birth and four weeks afterwards. The law is located in the Laws of Puerto Rico Annotated at Title 18, Part I, Chapter 13, Section 218a. Also, municipal employees are entitled to four weeks' paid leave after the adoption of a preschool child. This law is to be codified as part of the Autonomous Municipalities Act of Puerto Rico. Under the Public Service Personnel Act, employees are entitled to a paid 12-week term for the birth or adoption of a child (Laws of Puerto Rico Annotated, Title 3, Sec. 1355) For the full text of these laws, see Employment Practices Guide 40-22,851.01 et seq. . There are also blood donation leave provisions (Act 154 (P.C. 2998), L. 2000, effective August 11, 2000 --for full text, see Employment Practices Guide 40-22,950 et seq. ). Flexible work schedules for heads of families who have parental authority over or sole custody of their minor children are encouraged --see 40-1400 .

WHAT THE EMPLOYER MUST DO

Maternity/paternity leave --public employment

Teachers. --Teachers who are pregnant shall be entitled to time off that includes four weeks prior to giving birth and four weeks afterwards. The teacher may opt to take up to only one week of prenatal time off, and extend to seven weeks the postnatal time off to which she will be entitled, as long as she presents a medical certificate stating that she is in fit condition to work until the time the teacher decides to take maternity leave. Likewise, she may return to work any time she wishes after the first two weeks of postnatal time off, by means of a medical certificate to that effect. By returning early, the teacher waives the right to take leave for any time remaining of the eight weeks to which she is entitled. Provided that, any teacher that adopts a minor of preschool age, meaning a minor five years old or less that is not registered in an educational institution, in accordance with the legislation and legal procedures in effect in Puerto Rico, shall be entitled to the same benefits of maternity leave as a teacher who gives birth normally. In such case, leave shall be counted as of the date on which the minor enters the family circle. Upon claiming this right, the teacher must submit to the Department of Education evidence attesting to the adoption procedures issued by the governing agency, and she must give 30 days' prior notice to the Director of the school where she teaches regarding her plans for taking maternity leave and her plans to return to work. The adopting teacher may request to return to work any time after beginning her maternity leave. Provided that, in such case, the adopting teacher shall be deemed to waive the other weeks of leave to which she would be entitled by virtue of this section (Sec. 218a).

The employee shall receive full pay during her maternity leave period (Sec. 218a).

Municipal employees - adoption leave. --Any female employee that adopts a preschool-aged minor, meaning a minor five years old or less that is not enrolled in a scholastic institution, shall be entitled to four weeks of time off counting from the date of adoption (Sec. 1, as enacted by Act No. 263 (P.S. 1821), L. 2000, effective August 21, 2000).

During the period of maternity leave for adoption, the female employee shall be entitled to full salary. This payment shall be effective at the time the female employee begins her leave. Female employees that take maternity leave for adoption shall accrue time off for vacation and sick days during their maternity leave for adoption, so long as they return to municipal public service upon completion of such leave. In such cases, credit for time off shall take effect when the female employee returns to work (Sec. 1, as enacted by Act No. 263 (P.S. 1821), L. 2000, effective August 21, 2000).

Any request for maternity leave for adoption must be accompanied by a certificate from the agency in charge of the adoption process wherein the date of adoption shall be set forth (Sec. 1, as enacted by Act No. 263 (P.S. 1821), L. 2000, effective August 21, 2000).

An adoptive mother may not be terminated without just cause. Any decision that may, in any way, affect the permanence of an adoptive mother's employment must be postponed until such time as the maternity leave for adoption ends (Sec. 1, as enacted by Act No. 263 (P.S. 1821), L. 2000, effective August 21, 2000).

Public Service Personnel Act. --In addition to the fringe benefits established for public employees through special laws, including the provisions in force on holidays, said employees shall be entitled to the following benefits, among others, as provided by regulations (Sec. 1355, as amended by Act 165 (H.B. 2763), L. 2002, effective August 10, 2002):

(1) Special leaves for justified causes, with or without pay, as the case may be, such as maternity leave and paternity leave. Maternity leave will be paid and will be for a term of twelve weeks.

(2) Likewise, any employee who adopts a preschool minor, this being understood as a child of five years of age or less who is not matriculated in a school institution, pursuant to existing legislation and legal procedures in Puerto Rico or any jurisdiction in the United States, will be entitled to the same maternity leave benefits at full salary enjoyed by the employee who has a normal childbirth. In this case, the leave will commence to be counted on and after notification of the adoption decree and of having received the minor into the family nucleus.

(3) Paternity leave will be for a term of five paid working days, counted from the birth date of the child. Upon claiming this right, the employee must be legally married to or cohabiting with the child's mother, as the case may be. The employee will also certify that there has been no domestic violence and must bring the birth certificate of the minor in order to accredit the leave.

Blood donation leave

All probationary, regular, confidential, part-time or official employees of the Government of the Commonwealth of Puerto Rico, or its instrumentalities and public corporations or municipalities are permitted four hours of paid leave per year in order to donate blood. The nominating authority may corroborate that the time off was used for blood donation. The improper use of this time off may carry disciplinary sanctions. The employee must present to the nominating authority evidence attesting to the use of the time granted for the purposes of blood donation (Act 154 (P.C. 2998), L. 2000, effective August 11, 2000).

CCH-EXP, STATE-SUMMARIES Family, Medical and Parental Leaves Law Summaries Family, Medical and Parental Leaves Law Summaries 40-7000 Puerto Rico, Family, Medical and Parental Leaves Law Summaries While Puerto Rico has no general law dealing with family and medical leave, it does have statutory pro