puerto rico employee handbook

45), requires public and private employers in Puerto Rico to insure their employees against work-related accidents. Also, every employer must have a special permit or an employment certification issued by the Puerto Rico Department of Labor and Human Resources for every minor it employs between the ages of fourteen (14) and eighteen (18) years. The ADU also investigates discrimination charges under Title VII, ADA and ADEA (except retaliation claims), pursuant to an agreement with the Equal Employment Opportunity Commission (EEOC). Notice, Alternate Work Hours for Workers and Employees. If an employee terminates his/her employment, the employers shall notify the Court or ASUME the employee's last known address, and the name, address of the new employer, if known, within thirty (30) days following the date of the employee's termination. 4 repealed the rebuttable presumption of discrimination against the employer, when it dismissed an employee who belonged to one of the protected categories without a just cause. As such, employers here are required to comply with the employment eligibility verification requirements established under the Federal Immigration Reform Control Act of 1986 (IRCA). If the financial year of the employer requesting the exemption does not end on Sept. 30 of each year, the balance sheet and profit and loss statement required may be that corresponding to the financial year of the business. $('.container-footer').first().hide(); Vacation and sick leave pay will be equivalent to at least the regular hourly rate earned by the employee during the month in which said leave was accrued, except in the case of employees whose salary is based on non-discretionary commissions or other incentives. This notification could include, among other things, information regarding: (a) the type of electronic surveillance to be used; (b) the nature of the data or information to be obtained; (c) the frequency with which the surveillance system is to be used; (d) its technical specifications; (e) the place where the surveillance system will be installed; (f) the location of the monitoring equipment; (g) the group of employees that will be observed through the surveillance system; and (h) the administrative mechanism available to channel employee grievances or complaints concerning the electronic surveillance system. If it is determined that there is no just cause, the discharged employee is entitled to an indemnification under Act No. Puerto Rico is a jurisdiction that is highly protective of employees' rights, and legislation is liberally interpreted in their favour. Except for garnishments to collect taxes, child support payments, and payments due to bankruptcy trustees under Puerto Rico and Federal law, only one-fourth (25%) of any unpaid earned income may be garnished pursuant to a Court order. 59. WebEmployment law in Puerto Rico is covered both by U.S. labor law and Puerto Ricos Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours. The Health Insurance Portability and Accountability Act (HIPAA) limits the ability of an employer health plan to exclude coverage for the preexisting conditions of their new employees and dependent families. Employers with a workforce in excess of 21 employees must by law pay a 13th-month salary in December (4) The contractor is free to hire employees to assist in the rendering of the services. In the case of employees whose work schedules cannot be determined, the regular workday will be computed based on an eight-hour workday. WebEmployees hired by a foreign employer under a contract executed outside of Puerto Rico, but who are temporarily assigned to work in Puerto Rico for not more than three (3) WebOVERTIME Puerto Rico Act No. tit. Therefore, unless the employee's job has been eliminated for just cause, the employee must be reinstated in the same position that she occupied prior to commencing her maternity leave. For payments to a properly organized credit union operating either under the laws of Puerto Rico or the Federal Credit Union Act of 1934, as amended. 44 of July 2, 1985, discrimination, and the General Regulation of the Antidiscrimination Unit, Preventive Action and Records). 379 of May 15, 1948, P.R. The employee must request enrollment within thirty (30) days of the loss of coverage or life event triggering the special enrollment. Pursuant to Act No. A worker's unpaid earned income in possession of the government of Puerto Rico, its municipalities, agencies, or public corporations may not be garnished except as otherwise provided by special legislation such as Puerto Rico's Child Support Act (Act No. Law Ann. In the contract of employment, the parties may include the covenants, clauses and conditions that they consider convenient, provided that the same are not contrary to the "laws, morals or public order." 3 a pregnant employee is generally entitled to eight (8) weeks of maternity leave. 7 As a general rule, the only remedy available for an unjustified dismissal in Puerto Rico is the statutory severance provided by Act 80-1976. 155, which regulates sexual harassment in the workplace, also protect employees from retaliation for the filing of internal complaints, opposing the employer's discriminatory practices and/or participating as a witness. tit. Our employees receive substantial training for their development, as well as opportunities for This payment provides an exclusive remedy for an employee claiming unjust dismissal. Act No. Laws Ann. It should be mentioned that under the amendments of Act No. 80 of 1976 (dismissals) or Act No. Also excluded are those years of service that by reason of dismissal, separation, termination of employment or transfer of an ongoing business, had already been compensated to the employee, whether voluntarily, or pursuant to a judgment, or extrajudicial settlement agreement. An employer who dismisses or in any other way affects an employee's terms and conditions of employment because of the employee's expressions and/or participation before the aforementioned forums, will be responsible for the damages suffered by the employee, reinstatement, and double damages. I get that employee handbooks are not contacts and are subject to change and all that stuff. If the employer denies the request, it must specify the reasons for the denial in its written response. WebAn employment law guide to contracts of employment in Puerto Rico, including types of contract, written statements of terms of employment, contract variations, although employers often set out many key terms in an employee handbook or code of conduct, which is considered to be a contract between the employer and employee. In addition, vacation time should be enjoyed consecutively. Reinstate the veteran or reservist in the position he or she occupied before going to the military service or in an equivalent or similar position, if the employee requests it within 180 days, following his honorable discharge from the military. Under statutory provisions, vacation time should be granted annually, in such way that it does not interrupt the normal operations of the employer, to which end the employer will establish the vacation schedule. WARN defines the term "part-time employees" as: (1) an employee who is employed for an average of fewer than twenty (20) hours per week; or (2) an employee who has been employed for fewer than six (6) of the twelve (12) months preceding the date on which notice is required. (d) That the independent contractor has been contractually required to have the licenses or permits required by the government to operate its business, as well as any license or authorization required by law to provide the agreed services. Act 80 of May 30, 1976, as amended, P.R. Furthermore, under applicable disability laws and privacy rights in Puerto Rico, pre-employment physical examinations are only lawful if the same are narrowly tailored to determining the fitness to perform the specific job that is being offered. WebBLR maintains that there is a difference between a policy manual and an employee handbook. The employee must present a medical certificate indicating that she is pregnant and the estimated date of birth. In those instances, the employer may calculate the regular hourly salary by dividing the total commissions or incentives earned during the year by 52 weeks. 80 provides a formula for computing the amount an employer must pay when an employee is discharged without just case, based on the highest salary earned by the employee in the last three years and the amount of completed years (s)he worked for the employer. Start Connecteams free 14 The SIFC will subsequently send an invoice with the final calculation of the premium payment due, typically between September and October of the year in course. Laws Ann. Safety always. tit. Any employer who employs or permits an employee to work during overtime shall pay for each extra hour a salary not less than a time and a half of the wage rate agreed for regular hours. 180 of July 27, 1998 (Act No. If the employer denies the request, it must state in its answer the reasons for the decision, as well as any alternative to the request presented. Act No. WebGlobal Employer Handbook. FUTA. The Puerto Rico Oversight, Management, and Economic Stability Act ( PROMESA ) amends the Fair Labor Standards Act so that special considerations are made in regard to youth minimum Category: Employment - Employees Contracts - Any paid or otherwise compensated leave may also count towards the twelve-week leave entitlement provided by the FMLA. Starting a new job is exciting, but at times can be overwhelming. 706, et.seq., applies to all employers in the interstate commerce who employ 15 or more employees. 17), prohibits sexual harassment at work. (5) The contractor made an investment in order to provide the services, including, among others: (i) the purchase or rental of tools, equipment or materials; (ii) obtaining a license or permission from the principal to access the principal's place of work to carry out the agreed work; and (iii) rent a space or equipment of the principal to be able to carry out the agreed work. For buying stocks issued by the corporation or company for which the employee works, provided the employer complies with certain requirements established by the statute and that the written authorization of the employee to that effect comply with the specific language requirements for such purpose set forth in the same. Regarding criminal background checks in particular, it is common practice in Puerto Rico to request a certificate of good conduct (i.e. WebCEDR Employee Handbook policies are written in a way that allows you to retain flexibility in how you run your business, ensuring that all employees are treated fairly, consistently, and legally. "Religious practice" means any practice that an individual performs or intends toperform, which constitutes an exercise of the individual's creed, religion, or preferred practice. Here are the instructions how to enable JavaScript in your web browser. The labor and employment law field is dynamic and changes constantly; some of the matters covered above may have changed or may change subsequent to the drafting of this summary. WebPuerto Rico: Employee rights. Act No. The Protocol identifies as evidence of illegal harassment and hostile environment to deny access to restrooms identified by gender, to employees that identify themselves with that gender. Employers who are found in violation of Act 80 must pay a statutory severance for terminations without just cause. 3 expressly provides that an employee may not be dismissed due to diminished productivity or a reduction in the quality of work insofar as these reasons will not be considered just cause for termination. 4 repealed the" Act to Regulate the Operations of Commercial Establishments," as amended, commonly known as the Closing Law. 69 of July 6, 1985, P.R. Any employer that has more than fifteen (15) employees must provide the answer in writing. Employees are likely to be overwhelmed and delve out of the set path if goals are represented as one huge goal. Virtual & Las Vegas | June 11-14, 2023. WebLUMA covers 100% of your and your familys medical, pharmacy, vision and dental coverage! Please log in as a SHRM member before saving bookmarks. Puerto Rico enacted the Uniform Interstate Family Support Act (LIUA, by its acronym in Spanish), Act No. Here are the instructions how to enable JavaScript in your web browser. Vacation and sick leave benefits are to be accrued based on the regular workday during the months in which the benefits were accrued. If two or more employees engage in concerted, protected activity for their mutual aid and protection, they will be shielded from discrimination under this law. If a judgment or administrative order is issued against the employer instructing the payment of the compensation provided by this Act, any payment previously made by the employer to the employee due to a dismissal shall be credited to the compensation provided by this Act. 379 defines the "work week" as a period of one hundred and sixty-eight (168) consecutive hours. 22 of May 29, 2013 prohibits discrimination in the employment based on sexual orientation and gender identity. Laws Ann. Similarly, Puerto Rico Act No. This means all medical treatment, disability, and administrative expenses involved in treating or compensating the injured or ill worker are paid for by the insurer. In addition, vacation time may be accrued up to two (2) years by mutual agreement between the employer and the employee. Every work-related accident must be reported to the SIFC within five days. Connecteam offers a solution that allows easy distribution of the companys handbook, ensuring that all employees have access to the information. Retain employee acknowledgments in their personnel files. Filing 52. Theprotocol must include a statement of the public policy, the legal basis and applicability, the employees' responsibility, and the procedures and uniform measures to be followed in managing the situation of domestic violence, such as, how to conduct the investigation, the reasonable accommodation for the victim of domestic violence, confidentiality measures, and the guidelines to be followed by supervisors and employees. WebIntertek recognizes that its employees are its greatest asset. The Age Discrimination in Employment Act, 29 U.S.C.621 et seq. Otherwise, the employer is required to withhold your income taxes without ta king into consideration your personal exemption, exemption for dependents and allowance based on deductions, pursuant the Puerto Rico Internal Revenue Code of 2011, as amended (Code). This law granted the Child Support Administration (ASUME, by its acronym in Spanish) the necessary duties and powers to establish a State Register of New Employees (RENE, by its acronym in Spanish), as required by the PRWORA. People first. However, employers may not use criminal records to make employment decisions where such use causes a disproportionate impact on protected classes in violation of federal and Puerto Rico anti-discrimination laws. At the time of the request, the employee is mentally and physically able to perform his/her duties. It also provides that when a law requires the use of an employment document or written notifications, the use of an electronic version will have the same legal effect. Words in brackets are placeholders -- substitute them with your companys specific guidelines. To substitute the government plan with a private or self-funded plan, an employer must request approval from the Secretary of Labor no later than April 30 of the year in which the plan is to become effective. To cover salary advances from the wages which cannot exceed the salary for the week in which the advance was made; however, no amount can be retained from an employee's wages in excess of the total amount that was advanced. Also, at the written request of the employee, an employer may allow that vacation time include those non-working days comprised within the period in which the employee will enjoy his/her vacation, and/or non-working days immediately before or after said vacation period. Scroll to the bottom of the home page to find the link for the SPD. Also, the adopting mother must submit evidence crediting the adoption procedures issued by the adequate entity. (ADEA), is another federal statute that prohibits employment discrimination because of age. tit. Every claim of sexual harassment must be investigated in a timely manner, and the employer must take any corrective measure that may be necessary. A woman who returns to work after maternity leave and who works a daily shift of at least seven and a half hours (7 ), has a right to breastfeed her baby or express milk for one (1) hour each full working day. Zappos. When you suffer an injury on the job, regardless of whether the injury is minor or serious, you should immediately notify your supervisor or employer. The employee handbook (and the newer, cooler culture code) is a great tool for employees, new and existing, to learn the companys mission, values, and norms. Any work performed in excess ofthese limits will be considered overtime work and must be compensated accordingly. When an employee's employment is terminated for whatever reason, the employer must pay the employee the total vacation leave he/she has accrued, even if it involves less than one (1) years' worth of accrual of the benefit. The payment of the compensation provided by this Act, as well as any voluntary payment up to the statutory severance, paid because of the employee's dismissal, will not be subject to Puerto Rico income tax, regardless of whether said payment was made at the time of the dismissal or subsequently, or was made pursuant to a settlement agreement or in compliance with a judgment or administrative order. WebPuerto Rico. To take breastfeeding leave, the employee must present a medical certificate during the infant's fourth and eighth month of age, which certifies that the working mother is breastfeeding her baby. TDD users can call the Telecommunications Relay Service at 1 (866) 280-2050. If you discover an error in Section 1 of an employees Form I-9, you should ask your employee to correct the error. tit. Although payment at this stage is not due, failure to timely file a payroll statement will result in a lapse in coverage. The Occupational Safety and Health Act of 1970. The Americans with Disabilities Act of 1990 (ADA), 29 U.S.C. CURTIS INSTRUMENTS EMPLOYEE HANDBOOK 53. 139 of June 26, 1968 (Act No. Businesses covered by the Small Business Administration need only provide breastfeeding mothers a period of 30 minutes perworking day, which may be divided into two periods of 15 minutes each. Although Act No. Tit. The employee must submit the request in writing, and it must at least include a description of the religious activity, the frequency and the requested accommodation. WebLa ley general de Corporaciones del Estado Libre Asociado de Puerto Rico Faculta a las corporaciones a establecer sus propios reglamentos. Here follows a list of several notifications that employers need to post in a conspicuous place in the establishment, shop, factory, plantation, office or other place of work, the following printed notices: Puerto Rico Administration of Occupational Security and Healt. Further, a "mass layoff" under the Act is defined as a reduction in force which: (a) is not the result of a plant closing; and (b) results in an employment loss at the single site of employment during any 30-day period for at least five hundred (500) employees (excluding part-time employees); or at least fifty (50) employees (excluding part-time employees), provided that at least thirty-three (33) percent of an employment site's full-time employees are affected. Act No. 29 155 et seq. The following is a summary of the most important subjects in this field. Employers should make sure to use the version of Form I-9 that is current on the date when it is completed. 74 of June 21, 1956, as amended,P.R. Puerto Rico is a jurisdiction that is highly protective of employees' rights, and legislation is liberally interpreted in their favour. The Labor Reform of 2017 included specific provisions regarding the employment contract. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; On the other hand, weekly overtime are the hours that an employee works for the employer in excess of forty (40) during any week of work. Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Ricos Constitution, which affirms the right of employees to choose their Citizenship and Immigration Service's website, at www.uscis.gov, contains information regarding the version of Form I-9 that is current at any given time, as well as an employer handbook with instructions for completing Form I-9 in full compliance with the law. Also, the statute grants preference for appointment, promotion, or for employment opportunities to members of the Uniformed Services, the State Guard, civil employees of the Army Corps of Engineers and the National Disaster Medical System, with equal academic and technical conditions, or experience, as other employees. Many states have a specific timeline to report a workplace injury, The employer and the employee may establish an "Alternative Weekly Work Schedule" by written agreement. 2101 et seq. The trick is to break down individual goals into small manageable tasks. In addition, HIPAA provides additional opportunities to enroll in a group health plan if an individual loses other coverage or experiences certain life events. Also, the benefits due to illness will not be paid if such illness is covered primarily by the Workers Accident Compensation Act, or if the insured is receiving pay from his or her employer. Laws Ann. To lawfully perform in Puerto Rico a credit check for candidates and employees, these should be performed only for workers assuming roles where financial management and/or transactions are a function of the job. For purposes of the calculation of the severance pay or "mesada," the years of service will be determined based on all the periods that the employee worked for the same employer before being dismissed. Please log in as a SHRM member. Original and updating authors: Shiara Dilon-Fernndez, Elizabeth Prez-Lleras, Anabel Rodrguez-Alonso, Daniel Lims Rodrguez and Irene Poster regarding the rights and responsibilities under Act No. Accrual of sick leave under Act No. However, it is not required in all states. Please confirm that you want to proceed with deleting bookmark. Act No. WebThis announcement is open to current, permanent, employees of the Veteran's Health Administration, Federal Employees and to current/past/upcoming VHA Health Professions Trainee (HPT) Graduates. The employer must also procure an account statement certificate from ASUME and withhold from the employee's liquidation any outstanding amounts for child support or repayment plan in excess of a month. In addition, the use of this leave will be considered time worked for purposes of the accrual of all benefits as an employee. Puerto Rico. The labor and employment field is highly regulated in Puerto Rico. 379 of May 15, 1948, P.R. Finally, there is a special statute regarding sexual harassment which is discussed in a section under that heading. The exceptions are as follows: There are no requirements under Puerto Rico laws with respect to notification of plant closing or mass layoffs. 11 1 et seq. The plan must allow enrollment without requiring that the individual wait until the next annual enrollment period. The employer shall bear the cost of the electronic transfer or direct deposit, if any, and shall submit to the employee a receipt of the funds paid or deposited. Original and updating authors: Shiara Dilon-Fernndez, Elizabeth Prez-Lleras, Anabel Rodrguez-Alonso, Daniel Lims Rodrguez and Irene Viera Matta, Littler. 17 of April 17, 1931, 29 LPRA 175(g). E-Verify is available in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The day of rest is a calendar period of twenty-four (24) consecutive hours during a calendar week and needs not to fall on any particular calendar day. 29 185a-185m, Puerto Rico's general statute against unjust dismissal, prohibits the dismissal of an employee because of his or her participation or statements made concerning his or her employer's business, in an investigation before any administrative, judicial, or legislative forum in Puerto Rico, provided said statements are not defamatory and do not constitute disclosure of privileged information. 29. In the case of employees whose daily work schedules vary, the regular workday will be determined by dividing the total regular hours worked during the month by the total amount of days worked. As an unincorporated territory of the United States, US federal laws apply in Puerto Rico, including When the employee, his/her spouse, and/or dependent children lose coverage, the employer also has to provide to them a Qualifying Event Notice, along with an Election Form. Locally, Act No. FUTA. Laws Ann. According to this statute, the period of military service and the training sessions will be credited for purposes of employment evaluations, if it relates to the functions performed on the civil job. The leave may be used through split, flexible or intermittent schedules. The final premium amount due will be based on the difference between what was reported as an anticipated payroll on July 20 of the prior year, what was reported as the final payroll on July 20 of the current year, minus whatever premium payment, if any, was submitted with the prior years' payroll statement. Puerto Rico recently became the first US jurisdiction to outlaw all workplace bullying and harassment, regardless of whether the behavior relates to a protected characteristic, and to require all employers to adopt policies and to provide employees with education and guidance to prevent workplace bullying and harassment. 29 175 et seq., prohibits deductions from non-exempt employees' salaries, unless they are covered by one or more of the following exceptions summarized below or are otherwise authorized by law: All the above deductions, except the one for salary advances, must be previously authorized in writing by the employee before the deduction is made. With respect to sick leave, except in cases of acts of force majeure, employees are required to notify about an illness which prevents them from showing up to work, as soon as it is foreseeable and not later than the same day of his/her absence to work. The contract can also be established verbally unless a special law provides otherwise. Some workers are exempt from the minimum wage, such as tipped workers and some student workers. This is an employee handbook and is not intended to cover every federal or state employment issue. In these cases, the hours that the employee works per day up to maximum of ten (10) will not constitute overtime. 54 of Aug. 15, 1989, deals with the prevention of and intervention with domestic violence. Employers in Puerto Rico must obtain coverage on the effective date of the commencement of operations. The employees covered under the Chauffeurs' Social Security Act are not covered by SINOT. Employers with permanent policies may pay the premium calculated on their anticipated payroll or submit 50% of the prior's year premium with the payroll statement. , provides for unemployment benefits compensation. In Puerto Rico, 13th-month payments are mandatory. Each of our school's sends out school-specific news and updates via the Campus Family Notes. It should be noted that the Puerto Rico Department of Labor has taken the position that an employer must defray the cost of laundering any uniforms it requires its employees to wear. Just cause under Act No subjects in this field stage is not due, failure to file... Not intended to cover every federal or state employment issue, 2023 scroll to the information and Viera! Mutual agreement between the employer denies the request, the adopting mother must submit evidence crediting the adoption procedures by. And some student workers the version of Form I-9, you should your... Act ( LIUA, by its acronym in Spanish ), Act.! Terminations without just cause, the hours that the individual wait until the next enrollment... To insure their employees against work-related accidents Operations of Commercial Establishments, '' as,! That the individual wait until the next annual enrollment period to notification of plant Closing or layoffs... Can also be established verbally unless a special statute regarding sexual harassment is. With respect to notification of plant Closing or mass layoffs date when it is completed Rico insure... Leave May be used through split, flexible or intermittent schedules the information highly! It is common practice in Puerto Rico is a special statute regarding sexual harassment which is discussed in lapse... That she is pregnant and the General Regulation of the Antidiscrimination Unit, Action. Adoption procedures issued by the adequate entity sends out school-specific news and updates via the Family... In Section 1 of an employees Form I-9, you should ask employee! Commonly known as the Closing Law employment contract 80 must pay a statutory severance for without. Respect to notification of plant Closing or mass layoffs ( 8 ) weeks of maternity leave Unit. Webluma covers 100 % of your and your familys medical, pharmacy, and... Which the benefits were accrued Labor Reform of 2017 included specific provisions regarding the contract..., and legislation is liberally interpreted in their favour an eight-hour workday and Records.... To an indemnification under Act No 27, 1998 ( Act No excess limits! ) days of the companys handbook, ensuring that all employees have access the! Of May 29, 2013 prohibits discrimination in employment Act, 29 U.S.C.621 et seq of good conduct (.! Vacation time May be accrued up to maximum of ten ( 10 ) will not constitute overtime General Corporaciones. Certificate indicating that she is pregnant and the employee must request enrollment within (. 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To all employers in Puerto Rico to request a certificate of good conduct i.e... Per day up to two ( 2 ) years by mutual agreement between the employer the! Be overwhelming requirements under Puerto Rico to request a certificate of good conduct ( i.e you should your., as amended, puerto rico employee handbook please confirm that you want to proceed with deleting bookmark goals into small manageable.... Good conduct ( i.e of our school 's sends out school-specific news and updates via the Campus Family.! Specific guidelines, pharmacy, vision and dental coverage change and all that.. Regarding criminal background checks in particular, it is completed in Puerto Rico to a. Employee to correct the error commonly known as the Closing Law work ''! Rico must obtain coverage on the effective date of birth ( 8 weeks... The employment based on an eight-hour workday, and the General Regulation of the handbook... That allows easy distribution of the Antidiscrimination Unit, Preventive Action and Records.... The home page to find the link for the SPD before saving.! Also be established verbally unless a special puerto rico employee handbook regarding sexual harassment which is discussed in Section., Daniel Lims Rodrguez and Irene Viera Matta, Littler for purposes of the loss of or. Not be determined, the regular workday will puerto rico employee handbook computed based on an eight-hour workday policy and. 15 or more employees & Las Vegas | June 11-14, 2023 and sixty-eight ( 168 ) consecutive.! From the minimum wage, such as tipped workers and employees, Preventive and... The prevention of and intervention with domestic violence Relay Service at 1 ( 866 ).. Within thirty ( 30 ) days of the loss of coverage or life event the! Will not constitute overtime statutory severance for terminations without just cause, the employee must present a medical certificate that. 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