P.R. Laws tit. 18, § 274j
The Secretary of Education may remove any employee or teacher from service in the following cases, without it being understood as a discharge:
(a) The elimination of positions for lack of work or funds.
(b) When it is determined that said employee or teacher is physically and/or mentally disabled to perform the duties required by his/her position.
(c) When the teacher or employee shows a marked pattern of absenteeism.
(d) When the teacher or employee has been reported as disabled to the State Insurance Fund, for more than one year.
Whenever the Secretary of Education has grounds to believe that a Public Education System teacher or employee is physically or mentally disabled, he/she shall direct said employee to undergo a medical examination by one or more physicians designated by the Secretary. In the meantime, the Secretary may remove the teacher or employee from his/her duties. If the physician diagnoses that the teacher or employee is physically or mentally disabled to perform his/her duties as such, the Secretary shall order his/her removal for the period of disability, or any other measure that he/she deems necessary for the welfare and proper functioning of the Public Education System. If the teacher or employee does not agree with the order for removal due to disability, he/she may appeal within thirty (30) days from the date of notice with a copy of the order before Board which shall handle the appeal with priority over other cases, pursuant to the procedure established herein. The Board may direct any teacher or employee whose physical or mental condition is under discussion, to undergo a medical examination by one or more experts designated by the Board. The refusal of a teacher or employee to comply with an order of the Secretary or by the Board requiring him/her to undergo a medical examination, without just cause, shall result in the removal of said teacher or employee without the need of any further procedures. In the cases covered by this section, the teacher or employee shall be entitled to be paid for any accrued leave, and if said leave has been exhausted, shall continue to receive his/her salary until the Board issues its decision. In case of a favorable decision, the teacher or employee shall continue to receive his/her salary until he/she is reinstated.
History —June 30, 1965, No. 115, p. 321, § 11; June 7, 1967, No. 114, p. 354; renumbered as § 15 and amended on Aug. 28, 1991, No. 78, § 18.