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Following the declaration of an influenza virus epidemic by the Puerto Rico Department of Health, Governor Jenniffer González issued Executive Order 2026-005, declaring a State of Emergency to activate extraordinary measures for the protection of the public health.
Such declaration of emergency, made on January 27, 2026, activates the requirements of Act No. 37 of April 2020, which amended the provisions of Puerto Rico's Vacation and Sick Leave Act for non-exempt employees (or employees covered by the aforementioned Act), Act No. 180 of July 27, 1998, to recognize the special five-day paid leave entitlement.
This leave provides up to five paid working days for employees who suffer from, or are suspected of suffering from, the illness or epidemic that gives rise to the state of emergency, in this case, the influenza virus, and must have exhausted all leave to which they were entitled. That is, the employee must have exhausted both vacation leave and regular sick leave before being eligible to use this special leave.
Employers must ensure that this new paid leave is recognized in applicable cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
