On January 27, 2026, Puerto Rico Governor Jennifer González Colón issued Executive Order 2026-005 declaring a public health national emergency due to epidemic-level influenza cases, effective immediately. The national emergency declaration activates the special five-day paid sick leave requirements under Puerto Rico law (Act No. 37-2020, which amends Puerto Rico Law 180 of July 27, 1998).
The executive order followed Administrative Order 2026-627 issued by the Puerto Rico Department of Health declaring influenza an epidemic on the island.
KEY PROVISIONS FOR PRIVATE EMPLOYERS
- Trigger: The emergency declaration triggers the special five-day paid leave requirements and remains in effect until the national emergency has ended.
- Coverage: Applies to employees covered by Law 180 who have influenza or are suspected of having influenza during the emergency.
- Leave Entitlement: After the covered employee exhausts accrued sick leave and other available leave, employers must provide up to five additional days of paid sick leave to employees who have influenza or are suspected of having influenza during the emergency.
- No Discipline Based on Leave: As with other protected sick leave, absences due to influenza or the special emergency leave should not be treated as grounds for discipline, such as suspensions or termination.
RECOMMENDED NEXT STEPS
Update Puerto Rico internal leave administration guidance, ensure managers and HR are aware of this leave requirement and Act No. 37-2020’s discrimination and retaliation protections, and monitor for updates on the emergency’s duration.
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