NOTICE TO CLIENTS AND FRIENDS
Act No. 82-2023 Enhances the Rights of Informal Caregivers in Puerto Rico
The Puerto Rico Informal Caregiver Public Policy Act (“Act No. 82-2023”) was enacted on August 8, 2023 to establish new rights for individuals duly certified as “informal caregivers.” An “informal caregiver” is defined in Act No. 82-2023 as a natural person, conservator, or person in charge of assisting or supporting a “recipient of care” – meaning an adult of 60 years of age or older with prolonged care needs, a person with a disability, or a person with developmental deficiencies – in one or more daily essential activities without compensation. An informal caregiver may be a family member, domestic partner, friend, neighbor, or any other person who has a significant relationship with the recipient of care. Under Act No. 82-2023, employers must consider an informal caregiver’s request for a work-schedule change without meeting some of the threshold requirements under Puerto Rico’s Working Hours and Days Act. Specifically, informal caregivers are not required to have regularly worked at least 30 hours per week, nor have been employed for at least a year, to request a schedule change. The ICPPA allows a registered informal caregiver to request a change in work schedule without having to satisfy the work-hour or retention requirements, provided the employee is duly certified as an “informal caregiver” in the Puerto Rico Department of Family Affairs’ Informal Caregiver Registry.
SMC attorneys are closely monitoring updates and changes to Puerto Rico’s legal landscape and are readily available to assist employers in amending and revising their human resources policies to ensure compliance with Act No. 82-2023.