L&E Legal Alert – Five Important Reminders for Employers on a General Election Day in Puerto Rico

As we approach a General Election Day on November 4, 2024, a few reminders for employers in Puerto Rico to ensure employees can exercise their right to vote:

  1. Paid Leave for Voting: Remember to provide two (2) paid hours to every employee who has not voted early and was unable to adjust their work schedule to accommodate voting.
  2. Work Schedules: Provide a work schedule that allows employees to vote before or after their shifts, which may reduce the need for special paid leave.
  3. Separation from Vacation Time: The two (2) hours granted for voting is an additional leave and should not be considered as vacation time.
  4. Pay for Non-Exempt Employees: Non-exempt employees working on election days are entitled to their regular pay, unless they work overtime or during their rest day.
  5. Business Operations Impact: If your business operates under a special schedule or remains closed, there is no obligation to pay non-exempt employees for the day off unless voluntarily agreed by the employer; however, exempt employees must receive full pay for the week.

Be aware that employers who prevent qualified employees from voting may face severe penalties, including fines or imprisonment.

For any questions regarding these ongoing responsibilities or how to implement them effectively, please contact us at labor@estrellallc.com.