P.R. Laws tit. 18, § 218a
(a) Pregnant teachers shall be entitled to a rest period which shall include four (4) weeks before child birth and four (4) weeks following delivery. The teacher may choose to take only one (1) week of prenatal rest and extend the postnatal rest period up to seven (7) weeks to which she is entitled, provided she presents a doctor’s certificate stating that she is able to work up to the moment that the teacher decides to begin her maternity leave. She may also return to work whenever she wishes to after the first two (2) weeks of postnatal rest, through a doctor’s certificate to such effect. If she returns before the leave ends, the teacher waives the right to avail herself of the remainder of the eight-(8) week period to which she is entitled. Provided, That the teacher who adopts a child of preschool age, be it understood, a child five (5) years of age of less, who is not enrolled in an educational institution, pursuant to the laws and legal procedures in effect in Puerto Rico, shall be entitled to the same maternity leave benefits [as] a teacher who has a normal birth. In such cases, the leave shall start on the date the teacher receives the minor into her family unit. When claiming this right, the teacher shall submit to the Department of Education supporting evidence of the adoption proceedings duly issued by the competent body. In addition, the teacher must notify the director of the school she serves thirty (30) days in advance of her plans to enjoy her maternity leave as well as her plans to return to work. The adopting teacher may request to return to work at any moment after starting to enjoy her maternity leave. Provided, That in such case, its shall be deemed that the adopting teacher has waived her right to the remaining weeks of the maternity leave pursuant to this section.
(b) The term “teacher” as used in this section shall comprise all teaching personnel with a probation[ary], permanent, substitute or provisional status, including both the teachers in charge of teaching, and special services directly related with teaching, and officers or employees engaged in technical work or in school supervision and administration; all teaching personnel with a probation[ary], permanent, substitute or provisional status [contracted by the Vocational Technical and Advanced Skills Education Board and those teachers] contracted as such by other departments or agencies of the Commonwealth of Puerto Rico. It shall be understood by “provisional teacher” those teachers appointed during the first semester of the school year for the rest of the year.
(c) The Secretary of Education shall promulgate the needed rules for the compliance of this section.
(d) The employee shall receive full pay during her maternity leave period.
History —June 30, 1965, No. 117, p. 329, §§ 1—5; June 26, 1974, No. 99, Part 1, p. 333; Apr. 2, 1979, No. 33, p. 83; May 23, 1980, No. 48, p. 132, § 1; July 19, 2000, No. 120, §§ 1—4.