Insights

Puerto Rico Declares Influenza Epidemic, Activating Special Sick Leave Provisions Under Act 180

January 2026 | Client Alert

The Governor of Puerto Rico has officially issued an Executive Order declaring an emergency state due influenza epidemic declared by the Secretary of de Department of Health of Puerto Rico (EO-2026-005 and Administrative Order – 2026-627). As a result, employers are now required to provide eligible employees with five (5) days of the special emergency sick leave pursuant to PR Law 180-1998.

This special emergency sick leave is separate from an employee’s accrued regular sick and vacation leave and applies specifically to the diseases suffered or suspected of suffering covered from the disease or epidemic that causes the state of emergency-in this case, influenza. Employees become eligible for this special sick leave once they have exhausted all other available paid leave.

Employers should review their current leave policies and practices to ensure they align with this legal requirement.

 

O’Neill & Borges LLC remains available to assist clients in strengthening compliance strategies to mitigate risk.

For additional information or assistance, please contact your regular O’Neill & Borges attorney or write to info@oneillborges.com.


This O’Neill & Borges Client Alert is prepared for general information purposes only. It does not constitute legal advice or a legal opinion; nor does it establish an attorney-client relation with the recipient. For further information or to establish an attorney-client relation please contact us at info@oneillborges.com or your prime contact attorney at O&B.