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Leave in Puerto Rico

Maternity, paternity and parental leave in Puerto Rico

Adoption leave in Puerto Rico

Other types of leave in Puerto Rico

Public holidays in Puerto Rico

Protect your employees and your business

Leave and time off in Puerto Rico

Employees in Puerto Rico are entitled to various types of leave that help them balance work and personal life. Employers must set a clear leave policy to ensure workers get the necessary time off for rest, health, and family needs while still protecting their jobs.

From annual leave and maternity leave to sick leave, employers must follow local labour laws to ensure compliance. While some leave types are mandatory by law, companies may also offer additional paid leave to attract and retain employees. Understanding Puerto Rico’s leave policy is essential for both employers and employees to ensure compliance and a positive work environment.

In this guide, we’ll talk about everything you need to know about leave and time off policy in Puerto Rico, including annual leave, sick leave, maternity and paternity leave, and more.

Leave in Puerto Rico

Employees in Puerto Rico are entitled to paid annual leave, with the number of days increasing based on how long they have been with the company. The goal of this leave policy is to ensure that employees have enough time to rest and recharge while recognising their dedication and years of service.

Here’s how the annual leave accrual in Puerto Rico:

First year of employment: Employees are eligible for six days of paid annual leave.
Between one and five years of service: Employees receive nine days of annual leave.
Between five and 15 years of service: Annual leave increases to 12 days per year.
More than 15 years of service: Employees are entitled to 15 days of paid leave, the highest tier of annual leave benefits.

Paid sick leave in Puerto Rico

Puerto Rico has a mandatory sick leave law that requires employers to provide paid time off for employees who are unable to work due to illness. Under Puerto Rico’s labour laws, full-time employees accumulate sick leave at a rate of one day per month, as long as they work at least 115 hours per month.

Employees can use their sick leave for personal illness or medical appointments. In some cases, sick leave can also be used to care for a family member. Employers are not allowed to deny an employee’s right to use their accumulated sick leave, and unused days can carry over from year to year.

Some companies may offer additional sick leave benefits beyond the legal requirements as part of their employee benefits package.

Maternity, paternity and parental leave in Puerto Rico

Maternity leave in Puerto Rico

Maternity leave in Puerto Rico supports working mothers before and after childbirth. Expecting mothers are entitled to eight weeks of paid maternity leave, with four weeks taken before the birth and four weeks after.

However, employees have the flexibility to start their leave later if they choose. A mother can begin her maternity leave as late as one week before her expected due date and return to work just two weeks after childbirth, provided she presents a medical certificate confirming she is fit to resume her duties.

If a mother experiences pregnancy-related complications or health conditions following childbirth, her maternity leave can be extended to 20 weeks. However, the additional 12 weeks of leave granted under these circumstances are unpaid.

To attract and retain talent, some employers may offer additional maternity leave benefits beyond the legal requirements, including extended paid leave, flexible return-to-work policies, and childcare support.

Paternity leave in Puerto Rico

Paternity leave in Puerto Rico is currently not mandatory in the private sector. However, private-sector employees have the option to take up to six months of unpaid, job-protected leave to care for their newborn. Since this leave is not compensated by law, fathers must either use personal leave days or rely on company-specific benefits if offered.

While some employers in Puerto Rico provide paid paternity leave as part of their employee benefits, this is not a widespread practice. Multinational companies and larger corporations are more likely to include paid paternity leave in their benefits packages to support employees with growing families.

Parental leave in Puerto Rico

Parental leave in Puerto Rico is governed by the U.S. Federal Family and Medical Leave Act (FMLA). Under this act, employers with 50 or more employees must provide eligible employees with up to 12 weeks of unpaid leave for certain family-related circumstances. Employees can take parental leave for the following reasons:

The birth of a child.
The placement of an adopted or foster child.
Caring for an immediate family member (spouse, child, or parent) with a serious medical condition.
Taking medical leave due to a personal health condition that prevents them from performing their job duties.

This 12-week unpaid leave ensures that employees can take time off to care for their family without risking their jobs. However, since it is unpaid, employees must either use accrued paid time off or rely on employer-provided benefits if available.

Some companies in Puerto Rico recognise the importance of work-life balance and offer paid parental leave beyond FMLA requirements. These benefits can be a major incentive for employees, improving job satisfaction and helping companies attract top talent. Employers who go beyond the minimum legal requirements often see higher employee retention and improved morale among their workforces.

Adoption leave in Puerto Rico

Puerto Rico values the importance of providing time for adoptive mothers to bond with their newly adopted children. To support this transition, female employees who adopt a child aged five or younger, provided the child is not yet enrolled in school, are entitled to five weeks of paid leave. This allows adoptive mothers to focus on creating a nurturing environment and adjusting to their new responsibilities without worrying about work obligations.

Adoption leave begins the moment the adoptive mother welcomes the child into her home. To qualify for this leave, employees must follow a few simple steps:

Advance notice: The employee must inform her employer at least 30 days before she plans to take leave.
Commitment to return: The employee must confirm her intention to return to work once her leave period ends.
Proof of adoption: The employee needs to provide official documentation verifying the adoption process.

During the five-week leave, the adoptive mother will receive her full salary, which is paid directly by the employer. This ensures financial stability while allowing time to bond with the child.

Some employers may offer additional adoption-related benefits, such as extended leave periods, flexible work arrangements, or financial assistance for adoption-related expenses. These benefits can make the transition smoother for adoptive parents and encourage a supportive work environment.

Other types of leave in Puerto Rico

In addition to standard leave policies such as annual, sick, and parental leave, Puerto Rico offers various other leave options to support employees in different situations. These additional types of leave help ensure that workers can manage personal and professional responsibilities while maintaining job security.

Special paid leave in Puerto Rico

Employees diagnosed with serious illnesses classified as catastrophic under Puerto Rico’s Special Coverage of the Health Insurance Administration may qualify for up to six months of fully paid leave.

This leave aims to help employees focus on their treatment and recovery without financial stress. Conditions covered under this policy include severe chronic illnesses, life-threatening diseases, and other critical health conditions.

Employees must provide medical documentation from a licensed healthcare provider to qualify for this special leave.

Business leave in Puerto Rico

Some companies provide business leave to employees who need to attend professional development programs, industry conferences, or work-related training sessions. This type of leave supports career growth and skill-building, helping employees stay competitive in their field.

Depending on company policy, business leave may be paid or unpaid, and the duration can vary based on the nature of the event.

Puerto Rico’s paid family leave

Although Puerto Rico follows the Family and Medical Leave Act (FMLA) for unpaid family leave, some employers voluntarily provide paid family leave as an added benefit.

This can include paid time off to care for a newborn, newly adopted child, or a seriously ill family member. Paid family leave policies vary by employer, with some offering partial salary payments or extended paid leave beyond the legal requirements.

Bereavement leave in Puerto Rico

When an employee experiences the loss of a close family member, many companies grant bereavement leave to allow time for grieving and funeral arrangements. While bereavement leave is not mandated by Puerto Rico law, it is commonly included in company policies. Employers typically offer three to five days of paid leave, depending on the relationship to the deceased. Additional unpaid leave may be granted based on the employee’s needs.

These additional leave options help support employees during critical life events, ensuring they have the flexibility and job security needed to manage both personal and professional responsibilities.

Public holidays in Puerto Rico

Puerto Rico observes a mix of local holidays and U.S. federal holidays. The exact days off can vary by employer policy (especially in the private sector), but the following are the commonly observed official holidays in 2026:

January 1, Thursday

New Year's Day

January 6, Tuesday

Epiphany (Three Kings' Day)

January 19, Monday

Martin Luther King Jr. Day.

February 16, Monday

Presidents' Day

March 22, Sunday

Emancipation Day.

April 3, Friday

Good Friday

May 25, Monday

Memorial Day

July 4, Saturday

U.S. Independence Day

July 25, Saturday

Constitution Day (Puerto Rico)

September 7, Monday

Labor Day

October 12, Monday

Columbus Day / Día de la Raza.

November 11, Wednesday

Veterans Day

November 26, Thursday

Thanksgiving Day

25 December, Friday

Christmas Day

Working on a public holiday in Puerto Rico

If a non-exempt employee is required to work on a designated holiday, premium pay is commonly applied (often at least 1.5× the regular hourly rate), unless a contract or collective bargaining agreement provides a different benefit. Practices vary by sector:

Government, banks, and some regulated industries tend to strictly observe holidays.
Many private employers set their holiday calendar by policy and may offer substitutes or floating holidays.

Employers should review:

Employment contracts.
Collective bargaining agreements (if applicable).
Internal holiday and premium-pay policies.
To confirm holiday pay obligations and any substitute day-off rules.

Protect your employees and your business

As an employer in Puerto Rico, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.

When you hire workers with CXC, we’ll ensure your engagements are in line with all local and national employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risk.

FAQ's

How does paid time off work in Puerto Rico?

Paid time off in Puerto Rico includes statutory vacation and sick leave, paid maternity leave and other protected leave rights, with eligibility based on the type of leave and the employee’s circumstances.

For vacation and sick leave, employees generally need to work at least 130 hours in a month to accrue the statutory entitlement. Vacation accrual increases with length of service, while sick leave accrues at one day per qualifying month.

Puerto Rico also has its own maternity law requiring paid leave, while federal laws such as the Family and Medical Leave Act (FMLA) can provide additional job-protected unpaid leave for eligible employees.

A leave policy in Puerto Rico should therefore account for both local and applicable US federal leave requirements rather than using a standard US policy without local changes. As of September 2026, these local vacation and sick-leave rules continue to be governed by Act 180 as amended under the Act 4-2017 framework, following the declaration that Act 41-2022 was null ab initio.

What are the 5 statutory leave obligations employers in Puerto Rico need to account for?

The main statutory leave obligations in Puerto Rico are vacation leave, sick leave, maternity leave, certain protected special leave, and federal FMLA leave where the employer and employee meet the eligibility requirements.

Vacation and sick leave are governed by Act 180-1998. Employees generally accrue these benefits after working at least 130 hours in a month.

Maternity leave is covered by the Working Mothers Protection Act and provides eight weeks of paid leave in the standard case.

Puerto Rico also provides special leave in specific circumstances, including leave connected with domestic or gender violence, sexual harassment, sexual assault, child abuse and serious stalking. Act 83-2019 provides up to 15 working days of unpaid special leave per year for qualifying employees. These 15 days are additional to other statutory leave, do not accumulate or carry over into the following calendar year, and may be taken on a fractional, flexible or intermittent basis at the employee’s request.

Eligible employees of covered employers may also receive up to 12 weeks of job-protected FMLA leave for qualifying family or medical reasons. Eligible employees may receive up to 26 workweeks in a single 12-month period for qualifying military caregiver leave.

How many vacation days do employees get in Puerto Rico?

Employees in Puerto Rico generally accrue between 0.5 and 1.25 vacation days per qualifying month, based on length of service, after working at least 130 hours in that month.

The statutory monthly accrual is:

First year of service: 0.5 day.

After 1 year to 5 years: 0.75 day.

After 5 years to 15 years: 1 day.

After 15 years: 1.25 days.

For Puerto Rico resident employers with 12 employees or fewer, the statutory vacation accrual is generally 0.5 day per qualifying month, regardless of service length, while the small-employer exception applies. This exception remains available while the employer does not exceed 12 employees and ceases in the calendar year following the point at which its payroll exceeds 12 employees for more than 26 weeks in each of two consecutive calendar years.

Employees generally cannot use statutory vacation until they have accrued it for one year. Up to two years of vacation may be accumulated by agreement, and at least five consecutive working days should be taken when vacation is split. The use of vacation and sick leave itself counts as time worked for purposes of accruing these statutory benefits.

How does statutory sick leave work in Puerto Rico?

Employees in Puerto Rico generally accrue one day of paid sick leave for each month in which they work at least 130 hours.

Unused sick leave in Puerto Rico can carry over from year to year up to a maximum balance of 15 days. Sick leave starts accruing from the beginning of an authorised probationary period.

Employees should notify the employer of the illness as soon as the absence is foreseeable and no later than the day of absence. Employers may require a medical certificate when an absence lasts more than two business days.

Employees of businesses with more than 15 employees can also use up to five days of accrued sick leave each year to care for a sick child, spouse, parent or certain people for whom they are legally responsible, provided they maintain a minimum balance of five days of accrued sick leave.

This family-care entitlement can also cover minors, elderly persons or persons with disabilities for whom the employee has legal custody or guardianship. It does not apply to businesses with 15 employees or fewer.

What maternity leave are employees entitled to in Puerto Rico?

Employees in Puerto Rico are generally entitled to eight weeks of maternity leave, usually four weeks before childbirth and four weeks after.

An employee can choose to work until one week before the expected birth and use up to seven weeks after childbirth if she provides medical certification confirming she can continue working.

If the child is born earlier than expected, unused prenatal leave can generally be added to the postnatal period. Where a postnatal medical complication prevents the employee from returning to work, the leave can be extended by up to 12 additional weeks, although this additional period is not required to be paid.

The law also extends maternity leave protections to qualifying employees who adopt a child, with specific notice and documentation requirements. An employee adopting a preschool-age child, generally a child aged five or younger who is not enrolled in school, is entitled to the same maternity-leave benefits as an employee who gives birth. For adoption of a child aged six or older, Act 3 provides maternity leave of up to five weeks. The employee must generally give at least 30 days’ advance notice of the intended adoption and leave and provide evidence of the adoption proceedings.

What are employers required to pay for maternity leave in Puerto Rico?

Puerto Rico employers must generally pay the employee her full compensation during the statutory eight-week maternity leave period.

The payment is based on the employee’s average salary, wages or other compensation during the six months before maternity leave begins. If that six-month calculation cannot be used, the employee’s compensation when the leave starts is used instead.

The employer must make the maternity payment when the employee begins her leave. This is an important difference from jurisdictions where maternity benefits are funded entirely through social insurance.

If a medical complication extends the employee’s postnatal leave beyond the standard maternity period, the employer must protect the employee’s job for up to 12 additional weeks, but that additional period does not carry the same full-pay requirement.

What other types of leave exist in Puerto Rico?

Puerto Rico employees may also qualify for special leave related to domestic or gender violence, catastrophic illness, jury service and federal family or medical leave, depending on the circumstances.

Under Act 83-2019, qualifying employees can receive up to 15 working days of unpaid leave each year for situations involving domestic or gender violence, child abuse, workplace sexual harassment, sexual assault, lewd acts or serious stalking. The protection can apply where either the employee or a qualifying family member has experienced one of the covered situations, provided the employee uses the leave to address that situation and is not the person responsible for it.

Puerto Rico also has a separate law covering special leave for employees with certain catastrophic illnesses.

Jury service is another protected absence recognised under Puerto Rico employment rules. The Puerto Rico Department of Labor maintains specific guidance on employees serving as jurors.

At federal level, eligible employees can receive up to 12 weeks of unpaid, job-protected FMLA leave for qualifying medical and family reasons, with up to 26 weeks available in certain military caregiver situations.

How do public holidays affect paid leave in Puerto Rico?

Private-sector employers in Puerto Rico are not generally required to provide paid leave for every public holiday simply because the day is an official Puerto Rico or US holiday.

Holiday pay may instead come from an employment contract, collective agreement, company policy, longstanding employer practice or a specific rule that applies to the industry or employee. Puerto Rico’s Department of Labor maintains separate guidance on holiday pay because the answer can vary based on the employment arrangement.

Employers should therefore state in their leave policy in Puerto Rico which holidays the business observes whether they are paid and what happens if an employee works on that day.

Public holidays should not automatically be treated as statutory vacation days in PuertoRico unless the applicable policy or agreement says they are deducted from annual leave.

How should employers manage leave policies in Puerto Rico?

Employers should manage a Puerto Rico leave policy by separating each statutory leave type, stating the eligibility and accrual rules, and showing employees how local leave interacts with federal rights such as FMLA.

The policy should explain the 130-hour monthly threshold for statutory vacation and sick leave and the service-based vacation accrual rates. It should also cover sick leave carryover, maternity leave, special protected absences and any company-provided leave.

Employers with FMLA-covered workforces also need to identify when Puerto Rico leave and federal FMLA may run at the same time. FMLA generally applies to private employers with at least 50 employees, while employee eligibility requires 12 months of service, 1,250 hours worked and 50 employees within 75 miles of the worksite. For private-sector employer coverage, the employer must generally have 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Public agencies and covered elementary and secondary schools are subject to separate coverage rules regardless of headcount.

The policy should also be updated when an employee’s service length changes because that can increase their statutory vacation accrual. For remote employees, employers should take particular care when assessing the FMLA 50-employees-within-75-miles test: under federal guidance, an employee’s home is not normally treated as the worksite. The relevant worksite is generally the office to which the employee reports or from which work is assigned.

How does CXC reduce compliance risks related to employee leave in Puerto Rico?

CXC helps employers get leave right in Puerto Rico, from calculating vacation and sick leave to managing maternity leave and other protected absences.

As the Employer of Record, we keep track of local requirements such as the 130-hour monthly threshold for vacation and sick leave accrual, as well as federal leave rights that may apply, including FMLA.

We also make sure leave is recorded correctly and paid leave is accounted for through payroll. With more than 30 years of workforce management experience, our team understands the local requirements employers need to follow when managing leave in Puerto Rico.

Speak to our team to learn more about managing leave and time off in Puerto Rico with CXC.

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