Puerto Rico Working Mothers Protection Act 29 L.P.R.A. § 467

Employer Eligibility: All Employers

Employee Eligibility: All female pregnant employees or female employees who adopt a child who is five years old or younger and not registered in school.

Entitlement: Up to 8 weeks of paid leave for the birth of a child or the adoption of a who is five (5) years of age or less and is not registered in school pursuant to the legislation and legal procedures in force in Puerto Rico (Note: there are no systematic constraints regarding the age of the child. Up to four weeks of leave may be used prior to due date and at least four weeks post delivery. Leave may be extended if:

• the child is born after the due date and the employee took leave prior to the due date, in which case the 8 weeks of paid leave is extended to provide the mother with the full amount of postnatal rest she had planned, for the additional period of time between the due date and the child's birth

• the employee experiences post-delivery complications, in which case unpaid leave may be extended up to an additional 12 weeks

The employee may opt to take only one week of prenatal rest and extend up to seven (7) weeks the postnatal rest she is entitled to, provided she presents a medical certification to the employer showing she is able to work up to one week before childbirth. The physician must take into consideration the type of work performed by the female worker. An employee who takes leave for the adoption of a child may return to work at any time after she has begun leave, however, will be deemed to have waived any remaining leave if she does so.

When the probable date of childbirth is mistakenly estimated, and the woman has enjoyed four (4) weeks of prenatal rest without having given birth, she shall be entitled to have the prenatal leave extended on a full salary basis until the birth occurs, in which case the additional period for which the prenatal rest is extended shall be paid in the same manner and terms established for the payment of regular salaries, wages, day wages or compensations

Employer Notice: Not specified

Employee Notice: Employees who are taking leave for adoption must provide the employer with 30 days advance notice and the start and end
date of the leave.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employer may require medical certification in the following circumstances: 1) a request for PR WMPA leave; 2) an employee who continues working during the period less than 4 weeks prior to childbirth, certifying that she is able to work; 3) if an employee requires an extension of leave beyond the 8 weeks because of post-delivery complications; 4) a request for reinstatement sooner than 4 weeks post delivery, certifying that the employee is able to work. The employee must submit documentation of the adoption procedures issued by a competent organization if she intends to take leave for the adoption of a child.

Paid?: An employer must pay an employee her full salary, wages, day wages, and other compensation that she had been receiving for her work during the six months prior to commencing the leave. If it is not possible to apply the six-month period to determine the salary, wages, day wages or compensation the employee was earning, the employer should use the rate she was earning at the time she started leave.

Benefits: Not specifically noted however as the employer must provide all other compensation as normal it is reasonable to assume that this
would include health insurance.

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

Other Important Definitions/Requirements: NA

Absence Specification