The norms on the work day for public employees are the following:
(1) The regular work week for regular career employees shall not exceed forty (40) hours nor shall it be of less than thirty seven and a half (37 1 / 2) hours, on the basis of five (5) work days, except when provided otherwise by special laws. The work day shall not exceed eight (8) hours. Employees shall be granted two (2) resting days for each regular work week.
(2) The regular work week of the employee shall consist of the number of hours that, within a period of seven (7) consecutive days, the employee is under the obligation to render services, pursuant to his/her regular work schedule. Normally, the regular work week shall comprise the days from Monday through Friday, being Saturday and Sunday the days of rest. However, in addressing the needs of service, agencies may establish a regular work week, for all or part of its personnel, beginning and ending on any day of the week, as long as said week includes two (2) days of rest.
(3) The regular work day or work week of employees may be reduced as an action to prevent layoffs. When a reduced regular work schedule has been established as a measure to prevent layoffs, said work schedule may be established on a basis of less than five (5) work days.
(4) Each agency, within the limits indicated above, shall establish the work week and work day that shall apply to its employees, taking into account the needs of the service.
(5) As a general rule, the work day schedule shall be fixed on the basis of a fixed starting time and a fixed finishing time. However, agencies may adopt through their bylaws a flexible, tiered, extended or rotating-shift work schedule.
(6) Each agency shall grant all employees a one (1)-hour meal break during their regular daily work schedule. The employee shall begin to enjoy said period neither before having completed the first three and a half hours nor after having completed the fifth hour of working consecutively. Through a written agreement between the employee and an agency authorized representative, the meal-break hour may be reduced to half (1 / 2) an hour due to needs of the service or for the convenience of the employee. In the case of unionized employees, the agreement shall be approved by the union representative.
(7) Agencies shall program their work schedule so that the employee is able to take his/her meal break. However, in emergency situations, the employee may be required to render services during his/her meal break or part thereof.
(8) Hours worked shall comprise all the time during which an employee is required to render services or to remain in the premises or in a determinate workplace and all the time during which he/she is ordered and expressly authorized to carry out the same.
History —Aug. 3, 2004, No. 184, § 11.1.