Sick leave in Puerto Rico

Article author
Daniel Serrano
  • Updated

What is sick leave in Puerto Rico?

Employees are entitled to paid sick leave at the rate of 1 day per month, totalling 12 days per year, if they work at least 130 hours per month (this is how you qualify). Sick leave begins accruing from the start of your probationary period and are paid by the employer.

How much am I paid during sick leave?

You are paid 100% of your daily rate, based on your regular hourly rate for the month. Employees paid mainly on non-discretionary commissions or incentives may have different rules.

How many sick days am I entitled to per year?

The statutory minimum is 12 days per year. There is no maximum, but any extra leave is at the company’s discretion.

Do unused sick days carry over to the next year?

No. Sick leave does not carry over to the following year.

What documentation is required to take sick leave?

You must notify your employer as soon as possible, ideally before or on the day of absence. Additional documentation is at the employer’s discretion, except in emergencies.

Can I use other leave while I am sick?

No. Annual leave, vacation, or PTO cannot be used during a sick leave period.

Can I be dismissed while on sick leave?

No. Employees cannot be legally dismissed for taking statutory sick leave.

What happens if I exhaust all my sick days?

You may request:

  • Paid Time Off (PTO), if available

  • Unpaid leave, depending on internal policy

Is sick leave mentioned in my employment agreement?

Yes. The terms and conditions are outlined in Section 8 of your employment agreement.

What is Special Paid Sick Leave for influenza?

Effective January 27, 2026, due to epidemic-level influenza (Executive Order 2026-005):

  • Non-exempt employees who have or are suspected of having influenza may receive up to 5 additional paid sick days.

  • This leave is supplemental and cannot replace regular sick leave.

In what order should I use my leave?
  • Accrued sick leave

  • Any other available leave (e.g., PTO)

  • Up to 5 days of emergency influenza sick leave

If more time off is needed, it will be unpaid, unless the employer provides otherwise.

How do I request sick leave?

Notify your employer promptly of your illness and Record the sick leave in the Remote platform. Don’t forget to attach the Medical Certificate/Sick Note.

 

*Please be advised that the information provided is for general guidance only and should not be considered legal advice. Clients are strongly encouraged to contact the Lifecycle - Time & Attendance team for expert guidance and assistance in navigating the intricate landscape of time off requirements in Puerto Rico. Consulting with our team is imperative to ensure compliance with local employment standards legislation and clearly understand the stipulated time off and attendance-related requirements. Your proactive engagement with the Time & Attendance team is vital to making informed decisions and adhering to all relevant regulations.

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