Puerto Rico Crime Victims 19 LPR 83 (August 1, 2019)

Employer Eligibility: All Employers

Employee Eligibility: All Employees

Entitlement: Employees may take up to 15 days of unpaid leave in a calendar year for instances in which the employee or the employee's family member has been the victim of domestic violence, gender-based violence, child abuse, sexual harassment in employment or assault, or aggravated stalking. "Family" is defined as sons, daughters, spouse or partner, mother or father of the employee, and minors, elderly, or disabled persons for whom the employee has legal custody or guardianship.

Employees may request to take the leave through apportioned, flexible, or intermittent schedules.

To qualify for the leave, the employee must obtain information about and request a protective order, search for and obtain legal assistance, look for safe housing, visit any clinic, hospital, or medical appointment, and obtain information and/.or benefits from any help or services offered elsewhere. The law also allows employees to request reasonable accommodations, or flexible work conditions, to address these situations. Reasonable accommodation may include moving the employee's physical place of work, modifying his or her schedule, or any other accommodation to permit the employee to receive the help they need. Requests for accommodation must be in writing and can be denied only when the request is unreasonable, but not prior to reviewing all possible alternatives.

Employer Notice: This law specifically requires employers to reference the Act in their Domestic Violence Protocols and sexual harassment policies.

Employee Notice: Two business days, unless the circumstances do not allow for that. For accommodations, employees must make their request in writing.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employer may require documentation that shows the employee has needed time to make relevant arrangements for themselves or a family member. A police report is an example of documentation that would be sufficient, but the employee does not have to file a police report in order to take this leave. The employer must keep any certification confidential.

Paid: No, this leave is unpaid.

Benefits: Not specified

Reinstatement: Following the leave the employee must be reinstated to the same position.

Other Important Definitions/Requirements: A perpetrator of violence, abuse, harassment, assault, or stalking is not eligible for this leave.

Absence Specification