Maternity leave in Puerto Rico: the Working Mothers Act
How long it lasts and how it splits
Act 3 of 1942, known as the Working Mothers Act, protects pregnant employees in Puerto Rico. The rest period splits into two stretches around childbirth, and the employer cannot require you to work during the week before delivery or the two weeks after it.
With a medical certification part of the prenatal rest can be moved to the postnatal side, and if there are complications the physician can certify an extension. Talk to HR early and hand in the certification in writing: most of the problems I see start with a verbal notice nobody wrote down.
Adoption
The law covers adoption, and the treatment depends on the child's age. If the adopted child is under five and not of school age, the adoptive mother is entitled to the same leave benefits as a biological mother. If the child is six or older, the leave is up to five weeks.
The period starts on the day you receive the child, and is evidenced by the adoption resolution or process paperwork.
Protection when you return
You cannot be fired for being pregnant or for taking the leave, and you have the right to return to your position. Pregnancy discrimination is also prohibited under Act 100 and under federal law, so there is almost always more than one route to a claim.
Separately, Act 427-2000 gives you a lactation period upon returning, with a suitable space that is not a bathroom. Ask in writing before you return where that space is; it is the fastest way to make it exist.
Frequently asked questions
Is maternity leave paid?
Yes. Act 3 provides for payment of maternity rest to a qualifying employee; the computation depends on whether you are salaried, hourly or on commission. Confirm your figure with the Department of Labor if the number you are given does not add up.
Does the father get leave?
Puerto Rico government employees have paternity leave. In the private sector there is no general paternity leave under Act 3; check your collective bargaining agreement or employee handbook, which sometimes grant it.
Official sources
- DTRH, Ley 3 de 1942, protección de madres obreras
- Ayuda Legal PR, Licencia por maternidad
- Departamento del Trabajo y Recursos Humanos
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MyPRjobs is made by one person in Puerto Rico who went through these processes: worked for a private agency, for the Government of Puerto Rico, and for the federal government. The guides are written from the official sources above and corrected when an agency changes a requirement.
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