Puerto Rico Employee Confidentiality Documentation
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How to fill out Employee Confidentiality Documentation?
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FAQ
Confidential information is generally defined as information disclosed to an individual employee or known to that employee as a consequence of the employee's employment at a company. This information isn't generally known outside the company or is protected by law.
Disclosure of Employees' Personal InformationEmployers are prohibited from disclosing the personal information of their employees without prior authorization. Failure to keep this information confidential may constitute a breach of confidentiality.
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.
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.
Confidential employee personal and professional information includes but is not limited to: Personal data: Social Security Number, date of birth, marital status, and mailing address. Job application data: resume, background checks, and interview notes.
Insurance and benefit enrollment forms and claims information. Medical exam information. Workers' compensation records. FMLA leave certifications and medical documentation; leave information (e.g. dates)
Personal employee information will be considered confidential and as such will be shared only as required and with those who have a need to have access to such information. All hard copy records will be maintained in locked, secure areas with access limited to those who have a need for such access.
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.
