P.R. Laws tit. 29, § 250d
(a) All workers in Puerto Rico with the exception of those listed in §§ 250a and 250f of this title, shall accrue vacation leave at a rate of one and one quarter (1 1 / 4) days each month, and sick leave at a rate of one day each month. It shall be a requirement for the employee to work no less than one hundred and fifteen (115) hours a month to accrue said leave. Provided, That the use of vacation and sick leave shall be deemed as time worked, for the accrual of said benefits.
(b) Vacation and sick leave shall be accrued as of the regular working day in the month that the accrual occurred. For employees whose schedules fluctuate, a regular working day shall be determined by dividing the total number of regular hours worked by the total number of days worked. For employees whose hours of work cannot be determined, they shall be computed on the basis of eight (8) regular working hours a day.
(c) Vacation and sick leave time shall be used and shall be paid on the basis of a regular working day when the benefit is used or paid. To such effect, a period which is not greater than two (2) months shall be taken into consideration before taking or paying this benefit.
(d) Vacation and sick leave shall be paid on the basis of an amount which is not less than the regular hourly wage earned by the employee in the month the leave was accrued. For employees who receive commissions or other incentives that are not at the full discretion of the employer, the total commissions or incentives earned for the year, can be divided between fifty-two (52) weeks, to compute the regular hourly wage.
(e) If a probation period authorized by law is established, sick leave shall accrue from the beginning of said probation period. However, any employee who completes the probation period shall accrue vacation leave from the date his/her employment commenced.
(f) An employee shall not claim vacation leave until it has accrued for one year. Vacation leave shall be granted annually, in such a way as not to disrupt the normal operation of the enterprise, to which ends, the employer shall establish the corresponding schedule.
(g) Vacation leave shall be enjoyed consecutively, however, through an agreement between the employer and the employee, it may be apportioned, provided that the employee enjoys at least five (5) consecutive working days of vacation leave during the year.
(h) Through an agreement between the employer and the employee, up to two (2) years of vacation leave may be accrued. An employer who does not grant vacation leave after accruing the above maximum, must grant the total leave accrued to date, and pay the employee twice the corresponding salary for the period in excess of said maximum.
(i) Upon written request of the employee, the employer may allow vacation leave to include non-working days comprised in the period he will enjoy his vacation leave, and/or the non-working days immediately before or after said period of vacation leave.
(j) In the event the employee terminates his/her employment, the employer shall pay the employee the total leave accrued to such date, even though it is less than a year.
(k) The employer may allow the partial liquidation of accrued vacation leave in excess of ten (10) days upon written request of the employee.
(l) Sick leave not used by the employee in the course of the year shall be accrued for subsequent years up to a maximum of fifteen (15) days.
(m) Except in cases of (force majeure), the employee shall notify the employer of his/her illness as soon as it is foreseeable that he/she shall be absent at the beginning of his/her regular hours of work and no later than the same day of his/her absence.
(n) The enjoyment of sick leave does not excuse compliance of those standards of conduct validly established by the employer, such as attendance, punctuality, medical certificates if the absence exceeds two (2) working days, and periodic reports on the continued illness.
History —July 27, 1998, No. 180, § 6.