P.R. Laws tit. 29, § 152

2019-02-20 00:00:00+00
§ 152. Dismissal for service on jury, right to reinstatement

(a) The right is hereby established of any person dismissed from employment on account of his having been called upon to serve, or having served, as a jury member in a court of justice of Puerto Rico, whether commonwealth or federal, to be reinstated in his office or employment, or in one of like category, status and salary. Such a person shall also be entitled to any additional benefits as would have, naturally, accrued to him had he not been unlawfully dismissed from his employment.

(b) The reinstatement shall take place within the forty eight (48) hours next following the termination of his functions as juror. To be reinstated the interested party must appear personally at his employment before the said term; otherwise it shall be understood that he waives his right to reinstatement.

(c) Any person who has had to absent himself from his job to act as juror may, at his discretion, charge the time that he has been absent to act as such, to his regular vacation leave. The provisions of this subsection shall in no way affect the rights acquired through collective bargaining to these effects.

(d) Any employer who dismisses a person for having served as a juror, or refuses to reinstate him for this reason or reinstates him in a position of an inferior category, status, or retribution than what he held at the moment he started to serve as a juror, provided the provisions of subsection (b) of this section are met, shall incur civil liability for a sum equal to twice the amount of damages caused by his action to this person, or for a sum of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) at the discretion of the court, if the pecuniary damages cannot be determined.

History —June 26, 1964, No. 87, p. 268; May 23, 1984, No. 22, p. 47, § 1.