P.R. Laws tit. 21, § 4567a
Any employee shall be entitled to request that paternity leave with pay be granted to him, provided that he meets the following requirements:
(a) Paternity leave shall comprise a period of five (5) business days from the child’s birth.
(b) When claiming this right, the employee shall certify that he is legally married to or cohabits with the mother of the child, and that he has not incurred domestic violence. Such certification shall be made through the filing of the form required by the municipality for such purposes, which shall also include the signature of the mother of the child.
(c) The employee shall request paternity leave and submit the birth certificate as soon as possible.
(d) During paternity leave, the employee shall receive full pay.
(e) In the case of a temporary employee, paternity leave shall not exceed the period of his appointment.
(f) Paternity leave shall not be granted to employees who are enjoying any other kind of paid or unpaid leave. Employees who have been granted vacation or sick leave are exempted from this provision.
(g) The employee who, along with his spouse, adopts a preschooler, that is, a child who is five (5) years old or less and is not enrolled in school, pursuant to the laws and legislation in effect in Puerto Rico or in any other jurisdiction of the United States, shall be entitled to paternity leave for a period of five (5) days, to be counted from the date on which the notice of the judicial decree is received and, simultaneously, the child is brought to the home, which shall be certified in writing. When claiming this right, the employee shall certify that he is legally married, when applicable, and that he has not incurred domestic violence, sex offenses, or child abuse. Such certification shall be made through the filing of the form required by the municipality for such purposes, which shall also include the signature of his spouse.
(h) The employee who, individually, adopts a preschooler, that is, a child who is five (5) years old or less and is not enrolled in school, pursuant to the laws and legislation in effect in Puerto Rico or in any other jurisdiction of the United States, shall be entitled to paternity leave for a period of eight (8) weeks, to be counted from the date on which the notice of the judicial decree is received and, simultaneously, the child is brought to the home, which shall be certified in writing. When claiming this right, the employee shall certify that he has not incurred domestic violence, sex offenses, or child abuse.
(i) Subsections (d) and (f) of this section shall be equally applied in the cases in which the employee requests the benefits established in the subsections above.
History —Aug. 30, 1991, No. 81, added as § 11.017A on Nov. 22, 2009, No. 151, § 7.