Specialists assure that a misuse of leaves can make a business disappear.
Absenteeism in Puerto Rico, especially in the context of leaves of absence, has been a persistent challenge for companies and the economy in general, so specialists consulted by EL VOCERO have invited employers to differintiate the employee classifications and discern about the management and use of leaves of absence.
This phenomenon, which has been exacerbated by the pandemic and increased awareness of mental health and wellness, affects employee productivity and morale. Sick leave, maternity leave and other legitimate reasons, are critical to the well-being of workers, but their mismanagement can lead to increased absenteeism, according to specialists at labor and employment law firm Pizarro & Gonzalez LLC.
Jorge Pizarro stated that in Puerto Rico the number of leaves of absence is extremely excessive and explained that there are leaves of absence for adoption of children, vacations, breastfeeding, illness, military service, jury duty, municipal assembly, among others.
“There are so many things that are identified in the laws that you have to master this matter to respect the rights of employees but simultaneously monitor the proper use of them. Certainly, you must distinguish between the classification of employees and also the types of industry, because it is certainly not the same absenteeism in the context of a school or hospital compared to other businesses. In other words, behavior can have a much greater impact even in the context of private versus public, where leave in the public sector tends to be even a little more generous,” commented Pizarro.
He also pointed out that in New York, a state with a stronger economy than Puerto Rico, there are only five sick days per year, and in California sick leave is regulated by the number of employees, but it does not reach seven days either.
In Pizarro's opinion, Puerto Rico has been extremely excessive and generous in granting leave, which has altered the balance; employers should be aware of and respect employee’s rights, but simultaneously ensure that employees who are enjoying such leave truly qualify and comply with the requirements.
There are so many things that are identified in the laws that you must master this matter to respect the rights of employees but simultaneously monitor the proper use of the same. Certainly, we must distinguish between employee classifications and types of industry, because it is certainly not the same absenteeism in the context of a school or hospital compared to other businesses. That is, behavior can have a much greater impact in the private to public context where leave in the public sector tends to be a little more generous.
Jorge Pizarro
Attorney with the law firm of Pizarro & Gonzalez LLC
Karla Rivera mentioned that in the practical strategies to reduce absenteeism there are four ramifications of absenteeism that, as an employer, should be taken into consideration. Examples of these are: if the notification was adequate and timely (the employee was absent and called in on time); patterns (employee is absent every Monday) that, although as an employer you cannot require a medical certificate, you can suspect and subject the employee to disciplinary measures. Take into consideration whether the employee followed up on assigned tasks; and whether the documentation is adequate (if the employee was absent for more than two days, documentation that the absence is justified).
“We note the caveat that these rules apply to non-exempt employees, because certainly as an employer you can take more rigorous measures with exempt employees, from whom you can require medical certifications from the first day because that provision of Law 180 that requires them after more than two days does not apply to them,” Rivera said.
When asked by EL VOCERO about the outlook for small businesses, Rivera acknowledged that they are experiencing absenteeism and granting the necessary licenses affects their finances and many end up going bankrupt or closing their business. “These are cases that are observed most of the time on a regular basis,” she noted.
“We are living in times of crisis and labor shortages, so this situation of lack of control over absenteeism often causes businesses to close or lose their clientele because they do not have the capacity to provide adequate service,” Rivera said.
This article was originally published in Spanish in El Vocero.
