New Act Prohibits Employers In Puerto Rico From Using Absences To Measure Employee Efficiency And Performance

Author:Ms Elizabeth Pérez-Lleras
Profession:Littler Mendelson

On Saturday, January 27, 2018, the Governor of Puerto Rico signed into law Act No. 60, establishing greater protections for non-exempt private sector employees by prohibiting employers from using sick leave to measure employees' efficiency in their annual performance evaluations. This bill as presented to the Governor amends Article 6 of Act No. 180-1998, better known as the "Puerto Rico Minimum Wage, Vacation, and Sick Leave Act," to include this protection.

The Act's preamble provides that an employee has the right to use his or her sick leave when it is necessary, and that this right is threatened when an employer establishes an internal policy that considers justified absences as "irresponsible" absences in personal performance evaluations. Further, the preamble states it is contradictory for a law providing employees the right to enjoy sick leave to also allow an employer to penalize them for exercising that right. In addition, the Act's preamble suggests that allowing an employee to work while sick could violate the individual's civil and constitutional rights and presents a health...

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