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Highlights: Puerto Rico governor issued an executive order declaring a public health emergency triggering a 5-day special paid sick leave entitlement.
Impacted Employers: All employer with employees in Puerto Rico
Effective Date: Jan. 27, 2026
Next Steps: If you have non-exempt employees in Puerto Rico:
- Review leave policies and procedures to ensure compliance with the requirements.
- Train supervisors on how to handle requests for such leave.
- Watch for developments closely to determine when the state of emergency for the virus ends.
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The Details
On Jan. 27, 2026, the governor of Puerto Rico issued Executive Order 2026-005 (EO 2026-006), declaring a public health emergency and implementing an additional 5-day paid sick leave requirement for non-exempt employees due to an influenza outbreak on the Island.
Under 2026-005, non-exempt employees who have been diagnosed with or are suspected of having influenza are only entitled to the additional five paid working days of leave once accrued paid sick leave and any other paid leave entitlement (e.g. vacation) has been exhausted.
The additional paid leave will be available until the public health emergency has been declared ended.
Next Steps
If you have non-exempt employees in Puerto Rico:
- Review leave policies and procedures to ensure compliance with the requirements.
- Train supervisors on how to handle requests for such leave.
- Watch for developments closely to determine when the state of emergency for the virus ends.