In Puerto Rico, the rights to vacation leave are primarily regulated by Act No. 180 of July 27, 1998, also known as the Minimum Wage, Vacation and Sick Leave Act of Puerto Rico.

Entitlement

After working at least 115 hours in a month, employees accrue vacation leave at a rate of 1.25 days per month, which equates to 15 days annually. However, an employee must have been employed by an employer for at least one year before they become eligible to use the accrued vacation leave.

Important Considerations

For employers who have 12 or fewer employees, the accrual rate of vacation leave is slightly reduced to 0.5 days per month, provided the employee has worked at least 115 hours in that month. The vacation time should be taken in a manner that does not disrupt the normal operations of the business. Typically, the employer establishes a vacation schedule. With mutual agreement between the employer and employee, vacation can sometimes be split into smaller periods.

As per Act No. 180, with mutual agreement between the employer and employee, vacation time can be accumulated for up to two years. Upon termination of employment, employers are obligated to pay employees twice the salary rate for any accrued and unused vacation days.

Puerto Rico, being a U.S. territory, observes all federal holidays. These include New Year's Day (Año Nuevo) on January 1st, Martin Luther King, Jr. Day on the third Monday in January, Presidents' Day on the third Monday in February, Memorial Day on the last Monday in May, Juneteenth National Independence Day on June 19th, Independence Day on July 4th, Labor Day on the first Monday in September, Columbus Day on the second Monday in October, Veterans Day on November 11th, Thanksgiving Day on the fourth Thursday in November, and Christmas Day (Navidad) on December 25th.

Additional Puerto Rico Holidays

In addition to the federal holidays, Puerto Rico also celebrates several other significant dates. These include Three Kings Day (Día de los Tres Reyes Magos) on January 6th, the Birthday of Eugenio María de Hostos (Natalicio de Eugenio María de Hostos) on January 11th, the Birthday of José de Diego (Natalicio de José de Diego) on April 16th, Emancipation Day (Abolición de la Esclavitud) on March 22nd, Good Friday (Viernes Santo) on the Friday before Easter Sunday, the Birthday of Luis Muñoz Rivera (Natalicio de Luis Muñoz Rivera) on July 17th, Constitution Day (Día de la Constitución del Estado Libre Asociado de Puerto Rico) on July 25th, the Birthday of José Celso Barbosa (Natalicio de José Celso Barbosa) on July 27th, and the Discovery of Puerto Rico Day (Día del Descubrimiento de Puerto Rico) on November 19th.

Employees working at least 115 hours per month accrue 1.25 days of vacation leave per month (15 days annually). Smaller employers (12 or fewer employees) have a slightly reduced rate of 0.5 days per month. Employees must have worked for at least one year to utilize accrued vacation leave.

Sick Leave (Licencia por Enfermedad)

Employees working at least 115 hours per month accrue 1 day of sick leave per month (12 days annually). Part-time employees (more than 20 hours weekly, less than 115 hours monthly) accrue 0.5 days per month. Sick leave is paid at the employee's regular rate of pay. Medical certification may be required by employers, especially for absences exceeding two days. Up to 5 days of accrued sick leave can be used to care for a sick child, spouse, parent, or other dependent.

Maternity Leave (Licencia por Maternidad)

Pregnant employees are entitled to 4 weeks of prenatal leave and 4 weeks of postnatal leave. This leave may be extended for health complications. The employer may pay for the leave according to any company policy in place, otherwise, compensation is provided through the Non-Occupational Disability Insurance Fund.

Other Types of Leave

Employees may be eligible for short-term and/or long-term disability leave through the Non-Occupational Disability Insurance Fund. Employers with 50 or more employees may be subject to the federal Family and Medical Leave Act (FMLA), offering qualified employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. Employees who are members of the military may be entitled to leave for military service or training. While not mandated by law, many employers offer bereavement leave for the death of a close family member.

Important Notes

Entitlements under Puerto Rican law may provide the minimum leave requirement. Some employers offer more generous leave policies. Leave policies can vary slightly based on the size of the employer and specific circumstances.