Title: Puerto Rico Employee Rights Under the Family and Medical Leave Act: A Comprehensive Guide Introduction: In Puerto Rico, employees are entitled to certain rights under the Family and Medical Leave Act (FMLA) designed to allow them to balance work and family responsibilities without compromising their job security or benefits. This article aims to provide a detailed description of Puerto Rico employee rights under FMLA, including eligibility criteria, types of leave, and protections offered. Key Points: 1. Eligibility for FMLA in Puerto Rico: — Employees in Puerto Rico are eligible for FMLA if they have worked for a covered employer for at least 12 months, have completed 1,000 work hours during the previous 12 months, and are employed at a location with 50 or more employees within a 75-mile radius. 2. Types of Leave Covered by FMLA: a. Maternity and Paternity Leave: — FMLA provides eligible Puerto Rico employees with up to 12 weeks of unpaid leave within a 12-month period for the birth, adoption, or foster care placement of a child. — Parental leave can be taken by both mothers and fathers, allowing them time to bond with their new child and attend to parental duties. b. Medical Leave: — Puerto Rico employees may take up to 12 weeks of unpaid leave under FMLA in order to address their own serious health condition or that of an immediate family member. — A serious health condition can include an illness, injury, or impairment requiring inpatient care, continuing treatment, or chronic conditions requiring periodic medical visits. c. Military Family Leave: — Under FMLA, eligible Puerto Rico employees may take up to 26 weeks of leave to care for a covered service member with a serious injury or illness. — Additionally, eligible employees may take up to 12 weeks of unpaid qualifying exigency leave due to the active duty or call to active duty of a covered military member. 3. Protections Offered by FMLA: — FMLA guarantees job protection to eligible Puerto Rico employees who take qualified leave, ensuring they can return to the same or an equivalent position without any loss of benefits or seniority. — Puerto Rico employers are required to maintain employees' health insurance coverage during their FMLA leave, just as if they were actively working. — Retaliation against an employee for exercising their rights under FMLA is strictly prohibited, and employees can take legal actions if they face any adverse employment action due to their use of FMLA leave. Conclusion: Understanding the Puerto Rico employee rights under the Family and Medical Leave Act is crucial for both employees and employers. By familiarizing themselves with FMLA provisions, employees can better balance their work and personal life during critical periods, ensuring their job security and well-being. Employers, in turn, must uphold these rights to maintain a caring and supportive work environment while complying with the legal obligations associated with FMLA in Puerto Rico.
Puerto Rico Employee Rights Under the Family and Medical Leave Act
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Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.
Puerto Rico has enacted the Minimum Wage Act, Act No. 47-2021, increasing the Island's minimum wage from $7.25 to $8.50 effective January 1, 2022.
Section 403 of PROMESA modified section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
According to the Center for Economic Policy and Research, the U.S. is the only developed country that does not guarantee paid sick leave in any capacity; however, some states, such as New York and California have statewide mandates.
Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.
Section 29 CFR 825.105(b) of the FMLA regulations states that the FMLA applies only to employees who are employed within any State of the United States, the District of Columbia or any Territory or possession of the United States. Territories or possessions of the United States include Puerto Rico, the Virgin Islands
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
Senate Bill 1524 also would revert the minimum vacation leave accrual for all eligible employees to 1.25 days per month, for a total of 15 days per year (currently, depending on years of service, an employee can accrue from five to 15 days a year).
Nope. With the exception of Title VII, ADA and ADEA, employment laws do not apply to U.S. citizens working outside the country, even if they are working for an American company. So, a U.S. national loses FMLA protection once he steps off U.S. soil.
The paid sick leave law, Puerto Rico Act No. 180 of 1998, provides accrual of one day of paid sick leave for each month in which a non-exempt employee works at least 115 hours. Employees who meet this threshold can accrue 12 days of sick leave a year and may rollover unused sick leave, subject to a 15-day cap.
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