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PC 1236

Para enmendar los Artículos 3 y 4 de la Ley Núm. 3 de 13 de marzo de 1942, según enmendada, conocida como "Ley de Protección de Madres Obreras", a los fines de extender el término de la licencia de maternidad de las trabajadoras del sector privado de ocho (8) a doce (12) semanas, distribuidas, como regla general, en seis (6) semanas de descanso prenatal y seis (6) semanas de descanso postnatal, con la posibilidad de redistribución prenatal/postnatal previa certificación médica; reafirmar el pago íntegro del salario de la trabajadora durante dicho término; extender dichos beneficios, en paridad, a las madres que adopten; y para otros fines relacionados.

2025-2028 Session

Extends private-sector maternity leave from 8 to 12 weeks with full salary, and applies the same 12-week, paid leave to adoptive mothers.

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Bill Summary · PC 1236

Summary of Bill PC 1236 (Session 2025-2028) — Puerto Rico

Purpose and Intent

  • This bill seeks to amend Articles 3 and 4 of Law No. 3 of March 13, 1942, as amended, commonly known as the "Ley de Protección de Madres Obreras" (Protection of Working Mothers Law).
  • Primary aim: extend the mandatory maternity leave for private sector workers from eight (8) weeks to twelve (12) weeks.
  • The twelve weeks would generally be distributed as six (6) weeks of prenatal leave and six (6) weeks of postnatal leave, with the option to adjust the prenatal/postnatal distribution upon medical certification.
  • The bill also reaffirms that the worker’s full salary is to be paid during the entire maternity leave period.
  • In addition, the bill extends these maternity protections on a parity basis to mothers who adopt, ensuring adopted mothers receive similar leave benefits as biological mothers.
  • The provision list includes other related and ancillary purposes as necessary to implement the changes.

Key Provisions (Proposed Changes)

  • Maternity Leave Duration: Increase from 8 weeks to 12 weeks for private-sector employees.
    • General distribution: 6 weeks prenatal, 6 weeks postnatal.
    • Flexible distribution: prenatal vs. postnatal can be adjusted upon medical certification.
  • Salary Payment: Mandatory full wage payment to the employee during the entire 12-week leave.
  • Adoption Coverage: Extend the same 12-week, fully paid leave parity to mothers who adopt, mirroring the protections for biological mothers.
  • Legal References: Amends Articles 3 and 4 of Law No. 3 (1942; as amended), to reflect these changes.
  • Operational/Implementation Details: The bill would include the necessary administrative, procedural, and enforcement measures to implement the extended leave and ensure wage continuity for affected workers.

Who Is Affected

  • Private Sector Employees: Women on maternity leave, including those currently entitled to 8 weeks, would gain an additional 4 weeks and full salary during the 12-week period.
  • Adoptive Mothers: Women who adopt a child would receive the same 12-week, fully paid leave as birth mothers.
  • Employers in Puerto Rico private sector: Employers would be responsible for complying with the extended leave duration and wage requirements, including payroll processing for the full wage during the leave.

Procedural and Timeline Considerations

  • Status: Radicado (filed) on 2026-04-23.
  • As a bill of this nature, potential steps include committee review, public hearings, amendments, and voting by the legislative body, followed by execution and implementation through regulations or administrative guidance.
  • Effective Date: The bill text does not specify an explicit effective date in the summary provided; typically, such measures include a phased or immediate effective date upon enactment, with potential transition periods for employers and compliance.

Potential Impacts and Considerations

  • Economic Impact on Employers: Increased payroll cost during maternity leave due to full wage payments for a longer period; potential need for adjustments in workforce planning and temporary staffing.
  • Public Health and Child Development: Longer paid maternity leave can support maternal and infant health, bonding, and early development.
  • Gender Equity: Strengthens protections for working mothers and aligns adoption benefits with birth-related benefits, promoting gender equity in the workplace.
  • Administrative Requirements: Employers may need to revise payroll, HR policies, and leave management practices to accommodate the extended leave and ensure compliance.

If you’d like, I can provide a comparative analysis with the current law (Law No. 3, 1942) and similar international standards, or outline potential fiscal implications and implementation steps in more detail.

Compiled from official sources — confirm details with the bill’s official record.

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