Puerto Rico Employee Rights Under the Family and Medical Leave Act
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How to fill out Employee Rights Under The Family And Medical Leave Act?
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FAQ
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.
