Probationary period in Puerto Rico: how long it lasts and what it protects
Nine months, twelve for some positions
The 2017 labor reform set the automatic probationary period at nine months for most employees, and twelve months for executives, administrators and professionals as those terms are defined in the federal FLSA regulations.
Automatic means it applies even if you never sign anything: no written contract is needed for it to exist. What does matter is that your start date is clear, because everything counts from there.
The clock can stop
The probationary period is tolled while you are on a leave authorized by law (maternity, State Insurance Fund, SINOT, military service) and resumes when you return. Those weeks do not count as probationary and the end date moves forward.
This surprises people who assume that nine calendar months means probation is over. If you took a long leave, add up the days and ask HR in writing for your exact probation end date.
What you do have during probation
During probation the employer can end the employment without the just cause Act 80 requires, and severance does not apply. But "without just cause" is not "for any reason": anti-discrimination and anti-retaliation laws, Act 17 on sexual harassment and Act 90 on workplace harassment apply from day one.
You also accrue vacation and sick leave from the start as provided by law, get paid overtime if you work beyond the standard day, and are covered by the Fund if you are injured. Probation limits one protection, not all of them.
Frequently asked questions
Can my probationary period be extended?
Only by written agreement between employer and employee, up to a limited additional maximum set by law, with notice to the Department of Labor. An extension announced verbally, without a signature, does not count.
If I was hired before 2017, does the nine-month term apply to me?
Act 4-2017 applies to employees hired on or after its effective date. Employees hired before keep the conditions they had, which in many cases meant a shorter probationary period. Check your appointment letter.
Official sources
- DTRH, Ley 4-2017, Ley de Transformación y Flexibilidad Laboral
- DTRH, Guía sobre la reforma laboral
- Ayuda Legal PR, Período probatorio
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Who writes this
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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