P.R. Laws tit. 3, § 551

2019-02-20 00:00:00+00
§ 551. Extra pay prohibited unless authorized by law

(a) No official or employee who is regularly employed in the service of the Commonwealth Government, or of any municipality or agency thereof, whose salary, pay or stipend is fixed according to law, shall receive additional pay or special compensation of any kind from the Commonwealth Government, or from any municipality, board, commission or agency thereof, in any way, for any personal and official services of any sort, even if they are rendered in addition to the regular duties of said official or employee, unless said additional pay or special compensation is expressly authorized by law, and the appropriation therefor explicitly states that it is intended for such additional pay or special compensation. Provided, however, That nothing provided herein shall apply to physicians, dentists, pharmacists, emergency medical technicians, dental assistants, nurses, practitioners, X-ray technicians, and laboratory personnel who render their services to the Commonwealth of Puerto Rico or to any municipality, who may receive additional remuneration on this account according to the additional work performed after regular working hours or while on vacation, if when requested to work, they chose to do so; Provided, That “regular hours” shall be understood as eight (8) hours a day and not more than forty four (44) hours a week. The head of the agency concerned and the Director of the Central Personnel Administration Office (ORHELA, Spanish acronym) must previously authorize any physician, dentist, pharmacist, medical emergency technicians, dental assistant, nurse, practitioners, X-ray technician, or laboratory personnel so that they may render their services to the Commonwealth of Puerto Rico while on vacation, and receive additional pay for said services. Teachers of the Department of Education are also excluded from the prohibition of double compensation when it is earned from other paid employment they may perform in the different entities, bodies, municipalities, and agencies of the Government of Puerto Rico after having completed their regular work shift in public schools. Likewise, employees of the Music, Theater, and Arts programs of the Institute of Puerto Rican Culture rendering services outside of regular work hours to any agency, instrumentality, public corporation, or Government municipality of the Commonwealth of Puerto Rico with prior authorization from the Executive Director of the Institute of Puerto Rican Culture, are also exempt. It is further provided that none of the provisions of this Article shall be construed to affect or modify any provisions of law in effect which directs the total or partial suspension of the provisions of this Article.

(b) Provided, further, That except for independent professional real estate appraisers who are not public employees, no official, employee or professional rendering full or part-time services to the Government of the Commonwealth of Puerto Rico, its agencies, instrumentalities or municipalities, under any kind of appointment or contract, shall receive additional pay, extra allowance or compensation from the Commonwealth, its agencies, instrumentalities or municipalities, or from parties to a judicial or administrative proceeding, except per diems and travel expenses, or the fees provided by law or regulations, for his appearance or testimony as witness or expert before any court of the Commonwealth of Puerto Rico, or administrative organization, when such appearance or the knowledge of such facts or basis of the witness’ opinion are the result of the discharge of his duties as officer or public employee, or from rendering of services according to the terms of a contract, or when the testimony is rendered during the time he is working with the Commonwealth, its agencies or instrumentalities.

(c) The prohibition [against] extra or additional pay to public employees or officials shall not apply when said extra or additional pay is given for rendering professional health services on the island municipalities of Vieques and Culebra. “Professional health services” refers to the services offered to promote, preserve, restore and rehabilitate the physical and mental health of individuals or which involve maintaining the health or providing the diagnosis and treatment of disease, including emergency services.

History —Political Code, 1902, § 177; Mar. 11, 1909, p. 142, § 1; Aug. 2, 1913, No. 124, p. 18, § 1; June 28, 1969, No. 126, p. 368, § 1; July 5, 1974, No. 109, Part 1, p. 357; June 3, 1976, No. 137, p. 408, § 1; June 21, 1977, No. 86, p. 195; June 24, 1977, No. 106, p. 269; June 1, 1981, No. 2, p. 73; May 5, 1986, No. 18, p. 40, § 1; Aug. 9, 1995, No. 126, § 1; Aug. 19, 1996, No. 141; May 21, 1998, No. 72, § 1; Mar. 26, 1999, No. 102, § 1; Sept. 15, 2004, No. 286, § 1; Sept. 30, 2004, No. 532, § 1; Dec. 30, 2010, No. 224, § 1; July 12, 2011, No. 129, § 1.