Update Applicable to:	Effective Date
All Employers that have at Least 1 Employee in Puerto Rico	January 27, 2026

What happened?

On January 27, 2026, Puerto Rico’s Secretary of Health issued Administrative Order No. 2026-627, officially classifying the 2025–2026 influenza season as an epidemic due to sustained increases in cases, hospitalizations, and deaths.

That same day, Puerto Rico Governor Jenniffer A. González-Colón issued Executive Order OE-2026-005, declaring a state of emergency tied to the influenza epidemic and activating special public health measures.

For employers, this emergency declaration activates a legal requirement under Act No. 37-2020 (which amended Act No. 180-1998) to provide up to five paid working days of special emergency leave for certain employees who meet the conditions.

Overview

Puerto Rico law provides extra paid leave during a declared public health emergency when an employee has influenza (or is suspected of having it) and still cannot work after required paid leave us exhausted.

Who is Covered: The special paid emergency leave applies to non-exempt employees covered by Act No. 180-1998 (generally, employees eligible for statutory vacation and sick leave under that law).

• If the workforce includes both exempt and non-exempt roles, the first step is to confirm which positions are covered by Act 180, so the benefit is applied consistently.

When an employee qualifies: An employee may qualify only when all of the following are true:

• An emergency is declared by the Governor or the Secretary of Health for the relevant illness, as addressed in the aforementioned executive order for Influenza.

• The employee has influenza or is suspected of having influenza.

• The employee has exhausted accrued sick leave and as well as all other paid leave they are entitled to (such as vacation or other accrued leave).

• The employee is still unable to work after exhausting those leaves.

What the leave provides: Up to five (5) paid working days of special emergency leave during the declared emergency, for eligible employees.

• This leave is supplemental and cannot be used until other accrued leave is exhausted (no “skipping ahead” to the five days while other leave remains).

Why this matters:

• Employers must provide the leave when the legal conditions are met, and mishandling can create risk, primarily if an employee is disciplined or separated after using protected leave.

• The law includes strong protections that limit how absences can be treated in discipline and performance decisions.

Anti-retaliation and job protections: Act No. 37-2020 adds clear protections, including:

• Properly excused absences charged to sick leave or special emergency leave cannot be used as a negative performance factor for raises or promotions.

• Those absences cannot be used as grounds for discipline, including suspension or dismissal.

Documentation (what can be requested):A lab-confirmed diagnosis is not required, but employers may request reasonable medical documentation related to the illness or suspected illness, so long as requests align with privacy, anti-discrimination rules, and company policy.

Action Steps for Compliance

• Identify covered roles (Act 180 / non-exempt) and apply the rule consistently.

• Update the payroll/timekeeping system so the special five days become available only after sick leave and other accrued leave are exhausted.

• Update leave policies and supervisor guidance to reflect the emergency leave requirements.

• Use a simple request workflow (ill/suspected illness, first missed day, current leave balances, ability to work/telework).

• Keep documentation requests reasonable and consistent; do not delay leave unnecessarily.

• Train managers on anti-retaliation and ensure no discipline/performance penalties tied to protected absences.

• Send a short employee notice explaining who qualifies, the exhaustion requirement, and how to request leave.

• Maintain clear records (leave balances, dates used, how time was coded).

• The emergency continues until the Department of Health declares the end of the epidemic or the order is changed

Additional Information

• The Puerto Rico Health Department order reported 42,183 cases, 3,001 hospitalizations, and 128 deaths associated with influenza (through epidemiological week 2 in mid-January 2026), supporting the epidemic classification.

• The order also includes public health directives such as 24-hour reporting of lab-confirmed influenza cases, access to antivirals without extra prior authorization requirements, and expanded vaccination measures and coverage expectations.

Source References

• Puerto Rico – Orden Administrativa (Administrative Order) Num 2026-627
• Puerto Rico – Boletín Administrativo (Administrative Bulletin) Num. OE-2026-005

Resources

• Puerto Rico – Executive Orders (Spanish)
• Puerto Rico – Ley 180 – Ley de Vacaciones y Licencia por Enfermedad de Puerto Rico (Act 180)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.