Puerto Rico Governor Declares a State of Emergency Due to Influenza Epidemic, Activating Five-Day Paid Leave

Why It Matters

The measure expands paid‑time‑off benefits during a public‑health crisis, increasing labor costs and setting a precedent for emergency‑driven leave policies across jurisdictions.

Key Takeaways

• State of emergency declared Jan 27, 2026.
• Triggers five‑day paid leave for eligible workers.
• Leave applies after vacation and sick leave exhausted.
• Covers non‑exempt employees under Act 37 amendment.
• Employers must record and honor special leave.

Pulse Analysis

The Puerto Rico Department of Health’s recent influenza alert prompted Governor Jenniffer González to invoke emergency powers under Executive Order 2026‑005. By declaring a state of emergency, the government can mobilize resources quickly, enforce public‑health measures, and, in this case, trigger labor‑law provisions designed for crisis situations. Historically, Puerto Rico has used similar declarations to address natural disasters and pandemics, but the current focus on a seasonal flu surge underscores the island’s proactive stance on protecting its workforce.

Under Act No. 37, an amendment to the 1998 Vacation and Sick Leave Act, non‑exempt employees who have exhausted both vacation and regular sick leave become eligible for up to five paid days off when they contract or are suspected of contracting the influenza virus. The leave is distinct from standard sick time; it requires documentation of the illness and must be recorded by employers as a separate entitlement. This legal framework ensures that workers are not forced to choose between income and health, aligning Puerto Rico’s labor standards with broader trends toward paid‑family‑medical leave seen in other U.S. jurisdictions.

For businesses, the new requirement introduces an additional short‑term payroll expense and administrative burden. Companies must update time‑keeping systems, train HR staff, and potentially adjust staffing plans to accommodate absent employees. While the direct cost is limited to five days per affected worker, the cumulative impact could be significant in sectors with high exposure to influenza, such as retail, hospitality, and healthcare. Moreover, the policy may influence future legislative efforts, encouraging other regions to adopt similar emergency‑leave mechanisms, thereby reshaping employer‑employee dynamics during public‑health crises.