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Last updated on: April 30th, 2024
Hours & Pay Regulations
Normal Working Hours
An employee shall not work more than 8 days per day and 40 hours a week (exclusive Overtime). The workweek will begin on the day and time that the employer determines and so the employer will notify the employee in writing.
Every employer shall notify his employees, in writing, of the number of working hours required daily for each day of the week, the time work ends and begins, and the times the meal period begins and ends within the regular working hours.
Changing Work Schedules
An employee who has worked 30 hours or more a week and who has worked for the employer for at least 1 year may request in writing a change of schedule, number of hours, or workplace.
The employee’s written request shall specify the change requested, the reason for the request, the effective date, and the duration of said change.
Employers must respond to requests within 20 calendar days, in writing if they have over 15 employees. If they meet with the employee within this time, they have 14 days after the meeting to issue a response. Employers can approve or deny requests, with approvals subject to conditions. Denials must state reasons and offer alternatives. Priority is given to requests from heads of families with legal or sole custody of minor children.
Alternate Weekly Schedule
An employer and employee may agree in writing to establish an alternate workweek which shall allow for the employee to complete a workweek not to exceed 40 hours, with daily shifts that shall not exceed 10 hours per work day (exclusive overtime) for 4 days (which do not have to be consecutive).
Alternate week schedule agreements must be in writing and voluntary. Employers cannot impose such an alternate week schedule as a condition of employment. Alternate week schedule agreements may be terminated at any time after 1 year.
The employer may notify the employee of an alternate cycle of 24 hours, as long as the notification is in writing in a term no less than 5 days before the start of the alternate cycle and there are at least 8 hours between consecutive shifts.
Overtime pays for Alternative Weekly Scheduling – If the employee works more than 10 hours in a given day, the employee will be entitled to overtime pay at a rate of 1.5 times.
Make-Up Time
An employer may (but does not have to) allow an employee who had to time days or hours off for personal leave to work additional hours on another day to make up time lost. Such makeup work hours will not be considered as overtime if:
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- The work hours are made up in the same week of the absence.
- The employee does not work more than 12 hours a day.
- The employee does not work more than 40 hours per week.
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An employee has the right to request changes of schedule, working hours, or work location. An employee is entitled to request if it is in writing, he or she works 30 hours or more per week, has worked for at least one year for the employer, and has not made the same request in the six months since the employer’s last response to such a request.
Flexible Work Schedule
An alternate or optional flexible work schedule may be established solely by the agreement between the employee and the employer, which will allow advancing or delaying the hour to begin the workday and the period assigned for meals. Any such agreement shall also provide for a rest period of not less than twelve (12) consecutive hours, between daily work schedules. Those hours resulting from having advanced or delayed the work schedule or the time for taking meals during the workday shall not be deemed overtime. Nevertheless, those hours worked during the periods reserved for resting or meals and those hours worked more than the daily eight (8) hour workday or the forty (40) hour workweek, shall be deemed to be and paid as overtime.
Employees who regularly work thirty (30) hours or more a week and who have worked for the employer for at least 1 year and 3 months may request verbally or by written a change of schedule, the number of hours, or the place where you must perform his work. The employee’s [ written] request must specify the requested change, the reason for the request, the effective date, and the duration change. Any verbal request by an employee for these purposes shall have the same validity as a written request. The employer may grant or deny the request of the employee.
Overtime
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- ½ a day during the first year of service;
- ¾ a day after the first year and until the fifth year;
- 1 day after 5 years until 15 years; and
- 1¼ a day after 15 years.
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For employers with 12 employees or less, the accrual is ½ day of annual leave if the employee works at least 115 hours per month.
Part-Time Employees – Part-time employees will be entitled to accrue ½ day of paid annual leave if they work more than 20 hours per week but less than 115 hours per month. For employers with 12 employees or less, part-time employees (as defined above) accrue ¼ day of annual leave.
Eligibility Criteria: An employee must complete a minimum of one year of service to be eligible for any annual leave. Employees must work at least 115 hours per month to accrue annual leave for that month.
An employer may allow that vacation time to include those non-working days within the period in which the employee will enjoy his/her vacation, and/or non-working days immediately before or after said vacation period.
Breaks
Non-exempt employees are entitled to a 1-hour unpaid meal break. The meal break should be taken between the end of the 3rd and the beginning of the 6th hour of work. To avoid a meal-break penalty it must also be scheduled before the beginning of the 6th consecutive hour of work so that employees are not required to work for more than 5 consecutive hours without a meal period.
The employee is no longer allowed to waive 1st meal period. The meal period may be waived only when it is a 2nd meal period, the workday does not exceed 12 hours, and there is a written agreement between the employer and employee.
If the employee works for more than 10 hours per day, the employee is entitled to a second meal break. This second meal break may be waived when a working day does not exceed 12 hours, provided the first meal break was taken.
A reduced meal period cannot be for less than 30 minutes, except in the cases of nurses, security guards, croupiers, and others authorized by the Secretary of Labor and Human Resources, where it may be reduced to 20 minutes.
Penalty – If an employee hired after Jan 26, 2017, after the enactment of the Labor Transformation and Flexibility Act is required or permitted to work during his/her meal period, or if the period is enjoyed outside the time frame under the meal break law, the employee will be entitled to payment for a said period or fraction thereof, at 1.5 times the rate for regular hours. Employees hired before the date still get double his/her regular rate. This penalty is independent of overtime requirements.
Daily Rest – Employee shall be entitled to at least eight (8) hours of rest between consecutive shifts.
Weekly Rest – Nonexempt employees who work 6 consecutive days have the right to take a day of rest. The day of rest comprises 24 consecutive hours. Work performed during Sundays is not overtime unless it is in excess of 8 hours in the day, 40 hours in the workweek, or during a seventh consecutive day of work.
Work On Rest Days
Employee shall be entitled to a premium of 1.5 times the regular rate of pay for any hour worked during the day of rest. An employee hired before the Labor Transformation and Flexibility Act 2017, any hours worked during the day of rest must be paid at double the rate agreed upon for the regular hours.
Public Holidays
Work performed in retail establishments on Good Friday and Easter Sunday will still be subject to premium pay of 1.5 times the regular rate of pay.
Christmas Bonus – Employers that have not been exempt from payment of Christmas bonuses must pay employees who have worked 700 hours or more during the period from October 1 of any calendar year until September 30 of the following calendar year (the “Period”), a bonus equivalent to 6% of the total salaries paid during the period, with a cap of USD $10,000.
Employers who employ 12 or fewer employees for more than 26 weeks within the 12-month period, must pay their employees a Christmas bonus equal to 3% of their total salary with a cap of USD $10,000 for each employee who worked 700 hours within the Period.
Employees hired after the enactment of the “2017 Labor Transformation and Flexibility Act,” whose employers employ more than 20 employees for over 26 weeks within the 12-month Period, and who have worked 700 hours would be entitled to a Christmas bonus of 3% of the total wages earned capped at USD $600. Employers with 20 employees or fewer would be required to pay employees who worked 700 hours or more within the Period a bonus equivalent to 3% of the total salaries earned capped at USD $300. Employers considered microbusinesses or small and medium-sized businesses will be required to pay the Christmas bonus to employees working 900 hours or more.
Annual Leave
Every employee shall be entitled to a minimum vacation leave accrual after working at least 115 hours a month. Employees who work at least 115 hours per month will accrue 1 1/4 vacation days per month. These accrual rates apply only to employers with more than 15 employees over 26 weeks in consecutive two-year periods.
However, if an employer has no more than 12 employees, the minimum monthly accrual of vacation leave is a fixed ½ a day a month. Vacation time may be accrued up to 2 years by mutual agreement between the employer and the employee. An employer may allow that vacation time to include those non-working days comprised within the period in which the employee will enjoy his/her vacation, and/or non-working days immediately before or after the said vacation period.
For employers with 12 employees or less, the accrual is ½ day of vacation if the employee works at least 115 hours per month.
Part-Time Employees – Part-time employees will be entitled to accrue ½ day of paid vacation leave if they work more than 20 hours per week but less than 115 hours per month. For employers with 12 employees or less, part-time employees (as defined above) accrue ¼ day of vacation leave.
Accrual – All employees are required to work 115 hours to accrue vacation leave. Vacation leave benefits are to be accrued based on the regular workday during the months in which the benefits were accrued. In the case of employees whose daily work schedules vary, the regular workday will be determined by dividing the total regular hours worked during the month by the total amount of days worked. In the case of employees whose work schedules cannot be determined, the regular workday will be computed based on an eight-hour workday.
When an employee’s employment is terminated for whatever reason, the employer must pay the employee the total vacation leave he/she has accrued, even if it involves less than one (1) years’ worth of accrual of the benefit.
Pay – Vacation leave will be used and paid based on a regular workday at the time when the benefit is used or paid. Vacation leave pay will be equivalent to at least the regular hourly rate earned by the employee during the month in which said leave was accrued, except in the case of employees whose salary is based on non-discretionary commissions or other incentives. In those instances, the employer may calculate the regular hourly salary by dividing the total commissions or incentives earned during the year by 52 weeks.
Special Leave
All public- and private-sector employees who are registered voters and are scheduled to work on a voting date, and the schedules overlap with the opening hours of the polling places, have a right to request the opportunity to vote by mail or in a voting center that allows individuals to vote in advance. Employees who cannot know their work schedule in advance on a voting day will be entitled to a 2-hour paid leave during the workday to vote.
An employee may also return to work as early as 2 weeks after giving birth if the employee presents a medical certificate from her doctor certifying that she can return to work.
Notification Requirement: The employee must present a medical certificate indicating the pregnancy and the estimated date of birth of delivery of a child.
Breast Feeding Break – Employers shall provide full-time nursing mothers unpaid breaks to breastfeed or express breast milk for 1 hour each day, which can be broken up into two 30-minute periods or three 20-minute periods. The Act extends the right to lactation breaks to part-time employees whose workday exceeds four hours. Their lactation break must be 30 minutes for each period of four consecutive hours of work. In small businesses, lactation breaks must be half an hour each workday, which can be broken up into two 15-minute periods.
An adopting mother is entitled to the same maternity leave benefits as a mother who gives birth i.e. 8 weeks of Paid Maternity Leave.
Maternity leave applies for adopting mothers of preschool minors or minors five years of age or less who are not enrolled in school.
Adoption leave will begin on the date the minor joins the family nucleus. The adopting mother may choose to return to work at any time, waiving their right to the unused part of the leave.
Notification Requirement – The adopting mother must give their employer a 30-day notice of the intention to adopt a child, use maternity leave, and plan to return to work. Also, the adopting mother must submit evidence crediting the adoption procedures issued by the adequate entity.
Puerto Rico allows employees to use up to 5 days of medical leave in connection with the illness or medical treatment of a child, parent, spouse, person of advanced age or with a disability, or under the employee’s custody or tutelage.
An employee who has worked with the same employer for more than 12 months and must have worked for an average of at least 130 hours per month during such period will be eligible for Special Leave.
The leave may be used through split, flexible, or intermittent schedules. Before requesting the leave, the employee must exhaust their sick leave.
The leave may not be transferred or rolled over to the following year, and it will not be cashed out upon an employee’s termination of employment.
The use of this leave may not be used for unfavorable evaluations of the employee or to take adverse actions against him or her, such as, but not limited to, reductions in working hours, reclassification of positions, or changes in shifts. In addition, the use of this leave will be considered time worked for purposes of the accrual of all benefits as an employee.
The employer may require the employee to provide a medical certificate from the health professional offering the medical treatment, certifying that the employee is diagnosed with any of the Serious Diseases of Catastrophic Character and that the employee continues to receive medical treatment for said illness.
Employees are entitled to unpaid leave for employees of the private sector who are members of Puerto Rico’s Military Forces, to be absent and serve as part of their annual training, or to comply with any call to serve. Private employees who are members of the armed forces who are asked to serve are eligible for unpaid leave of up to 45 days. The leaves become available in cases of military training, such as drills or battle assembly, as well as courses or seminars ordered as part of their military training, and are provided without any effect on the employee’s seniority or efficiency rating. Members of Puerto Rico’s State Guard who are also employees in the private sector, upon honorable completion of their services or training, have a right to reemployment subject to the conditions provided by the Act.
Any person hired by a private employer, who has been summoned for jury duty in a court, shall have the right to enjoy paid leave from his employer up to a maximum of 15 working days.
Employers must allow employees to take paid leave upon subpoena to appear as witnesses in court proceedings. Employees must provide reasonable advance notice of their need for leave. Employers cannot penalize employees for taking court attendance left.
Employees may take Special Leave when the victims are their family members. Covered family members include; Children, Spouses, Partners united by an affective relationship, Parents, and Minors, persons of advanced age, or with disabilities over which the employee has custody or guardianship.
An employee may use Special Leave to seek advice, obtain a restraining order or court order, seek and obtain legal assistance, and seek and obtain safe housing or space in a shelter. Leave time may be taken on a fractioned or intermittent basis. The employee is not entitled to carry over unused leave from prior years.
Employees in Puerto Rico may take up to 15 days of unpaid leave each calendar year to address situations related to domestic or gender-based violence, child abuse, sexual harassment in employment, sexual assault, lewd acts, or felony stalking under a new law.
Special paid leave for non-exempt employees infected (or are suspected of being infected) by the illness or epidemic that triggers a state of emergency declared by either the Governor of Puerto Rico or the Secretary of the Puerto Rico Health Department.
The law provides an employee infected or suspected of being infected with the disease or illness that caused the state of emergency the right to a special paid leave of five working days. Importantly, to use the special paid leave the employee must first exhaust all available accrued sick leave, as well as any other available accrued leave to which the employee is entitled.
An employee is entitled to athletics leave without pay for training purposes.
This leave shall last for up to 1 year with a right of renewal, provided it has the approval of the Board and provided the employer is notified 30 days before its expiration date.
This athletics leave without pay for training and/or competition allows eligible athletes and trainers to be absent from their work without [loss of time] and to secure their jobs without impairing their vested rights and benefits during the term said athletes have been participating in said training or competition.
