Doing Business in Puerto Rico Blog: Business Coaching, News & Developments

MATERNITY LEAVE IS PAID BY EMPLOYERS

Pregnant working women in Puerto Rico are entitled to a rest period that includes four (4) weeks before and four (4) weeks after childbirth.

The working woman may opt to take only one (1) week of prenatal rest and extend up to seven (7) weeks the postnatal rest she is entitled to, provided she presents a medical certification to her employer showing that she is able to work up to one (1) week before childbirth.

Every female worker who adopts a preschool-aged child, that is, a child who is five (5) years of age or less and is not registered in school pursuant to the legislation and legal procedures in force in Puerto Rico, shall be entitled to the same benefits under the maternity leave as a female worker has who gives birth to a child. In said case, the leave shall start to count as of the date in which the child joins the family unit.

In order to claim said right, the female worker must notify the employer at least thirty (30) days in advance [of her intention to adopt a child, plans for maternity leave and reinstatement to her job.

Furthermore, she shall submit evidence to the employer of the adoption procedures issued by a competent organization.The employer shall pay the working mother during said rest period her full salary, wages, day wages or compensation that she has been receiving for her work.

This payment shall be made at the time the employee begins to enjoy her maternity leave or maternity by adoption leave. Provided, That the average salary, wages, day wages or compensation that she has been receiving during the six (6) months prior to commencing her rest period shall be used as the basis to compute her full salary, wages, day wages or compensation; or, if it is not possible to apply said six-month period, the salary, wages, day wages or compensation the working woman was earning at the time she began to enjoy the leave or special rest period approved by law.

LOCAL MINIMUM WAGE LAW MAY REMAINS UNCHANGED (BUT NOT WAGES)

Given the fact that Congress  had taken so long to raise the minimum wage, local legislators were pushing for a bill to raise the Island's minimum wage and eliminate the current attachment to the federal minimum under law No. 180 of July 27, 1998.

Federal minimum wage automatically applies to workers in Puerto Rico covered by the Fair Labor Standards Act (FLSA). However, employers not covered by the FLSA  pay a minimum wage equivalent to seventy percent (70%) of the prevailing federal minimum wage.

With recent Congressional approval of a new minimum, many are expecting that the local initiative dies. Mainly because it included higher wages and periodic raises.