2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 704 - Conditions for receiving benefits

(a) Eligibility for benefits.—
(1) It shall be understood that an insured worker is eligible to receive and shall receive credit for waiting or benefit, a week, as the case may be, for any unemployment week with regard to which it has not been determined that the person is disqualified under subsection (b) of this section; provided, that with respect to such week, the worker also meets the following requirements in accordance with rules to be established by the Secretary to such effects:
(A) Has filed notice of his unemployment.
(B) Has registered for work with an office of the employment service.
(C) Has been registered for waiting-week credit or has filed a claim for benefits, as the case may be. No benefits shall be paid for a waiting week nor for any week of unemployment occurring within the benefit year prior to the completion of such waiting week.
(D) That he/she participates in the available reemployment services such as, job seeking assistance programs, if the claimant has been identified as likely to exhaust the regular benefits, with a need to receive reemployment services, pursuant to the criteria of a profile of characteristics established by the Secretary through regulations, unless the Secretary determines that:
(i) The claimant has received such services, or
(ii) there is a justified reason for the claimant’s non-participation in those services.
(E) Notwithstanding the foregoing provisions, an insured worker shall not be eligible to receive benefits for any week of unemployment with respect to which the Director determines that such individual has failed to provide evidence of being engaged in an active search for employment, as such term is defined in paragraph (F) of this clause, in which case the individual shall not receive benefits for the week in which such failure has occurred.
Provided, That if the worker fails to engage in an active search for being hospitalized due to a life threatening condition or for being called to jury duty, such worker shall be disqualified only for the period during which such situation lasts.
(F) For the purposes of the provisions of paragraph (E) of this clause, an individual shall be deemed to be actively seeking work during any week if:
(i) He/she has engaged in an active and diligent search for work during that week, and
(ii) he/she provides satisfactory evidence of the work seeking efforts made during that week, if such evidence is requested.
(2) Payment of benefits for services performed for government entities and nonprofit organizations.—
(A) The benefits based on employment, as defined in subparagraphs (ii) and (iii) of paragraph (B) and paragraph (F) of § 702(k)(1) of this title shall be payable in the same amount, under the same terms and subject to the same conditions as the compensation payable based on any other service covered by this chapter; except that no benefits shall be payable to an individual based on services in an educational, research or principal administrative capacity in an “educational institution”, as said term is defined in § 702(y)(1) of this title, for any week of unemployment beginning during the period between two (2) successive academic years or during a similar period between two (2) sessions, regardless of whether they are successive or not, or during a period of sabbatical leave with pay provided in the individual’s contract, if the individual has a contract or the reasonable assurance that he/she will render services in any such capacity for any educational institution for both academic years, or both sessions.
(B) No benefits shall be paid as of April 1, 1984, on the basis of services performed for an educational institution in any other capacity, for any week of unemployment beginning during the period between two (2) successive academic years or two (2) academic terms if the individual performed such services in the first of such academic years or terms, and there is a reasonable assurance that such individual shall perform, such services in the second of such academic years or terms. An otherwise eligible worker, disqualified under the provisions of this paragraph, shall be entitled to retroactive payments if he/she was not offered an opportunity to perform such services for the educational institution in the same capacity for the second academic year or term, provided he/she has filed a timely claim for benefits.
(C) Benefits based on services described in the paragraphs (A) and (B) of this clause shall not be payable for any week which begins during a vacation period or holiday recess if such individual performed services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such services shall be performed in the period immediately after such vacation or holiday recess.
(D) That he/she participates in the available reemployment services such as job seeking assistance programs if the claimant has been identified as likely to exhaust the regular benefits, with a need to receive re-employment services, pursuant to the criteria of a profile of characteristics established by the Secretary through regulations, unless the Secretary determines that:
(i) The claimant has received such services, or
(ii) there is a justified reason for the claimant’s non-participation in those services.
(b) Disqualifications.— An insured worker shall not be disqualified for waiting period credits or benefits for any week of unemployment unless, with respect to such week, the Director finds that:
(1) He was unable to work or was not available for suitable work for such week; or
(2) he left suitable work voluntarily without good cause, in which case he cannot receive benefits for the week in which he left work, and until he has rendered services in employment covered by this chapter, or by any law of any state of the United States during a period of not less than four (4) weeks, and has earned salaries equivalent to ten (10) times his weekly benefit; or
(3) he was discharged or suspended for misconduct connected with his work, in which case he shall not receive benefits for the week in which he was discharged or suspended, and until he has rendered services in covered employment under this chapter or under the laws of any state of the United States during a period of not less than four (4) weeks, and has earned wages equivalent to ten (10) times his weekly benefit; or
(4) he has failed, without good cause, either to apply for available, suitable, work to which he was referred by an employment office, or failed to accept suitable work offered to him, in which case he shall not receive benefits for the week in which such failure occurred and until he has rendered services in covered employment under this chapter or under the laws of any state of the United States during a period of not less than four (4) weeks, and has earned wages equivalent to ten (10) times his weekly benefit; or
(5) for the week in which he has received or is seeking unemployment benefits under any other employment security law, but if the appropriate agency finally determines that he is not entitled to benefits under such other law, this provision shall not apply; or
(6) for the week in which his unemployment was due to a stoppage of work then existing because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed, and for the purposes of this subsection, each separate department of the same premises which is commonly conducted as a separate business shall be deemed to be a separate factory, establishment, or other premises; Provided, That this provision shall not apply if the Director finds that:
(A) Said individual was not participating in or directly interested in the labor dispute which caused the stoppage of work, and
(B) he did not belong to the class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurred, any of whom were participating in or directly interested in the dispute.
The preceding provisions notwithstanding, no worker shall be disqualified from benefits if his unemployment is due to a lockout decreed by the employer as a result of a labor dispute.
(7) within the twenty-four (24) calendar months immediately preceding such week, he has, with an intent to defraud to obtain compensation not payable under this chapter, made a false statement or representation of a material fact knowing it to be false, or has knowingly concealed a material fact for the purpose of obtaining or increasing the benefits under this chapter, in which case he shall be disqualified for the week in which the Director makes a determination to this respect, and for the fifty-two (52) weeks immediately following such week; Provided, however, That no disqualification for this reason shall be imposed on a claimant against whom criminal procedures have been filed under § 714(a) of this title;
(8) with respect to said week, the worker receives or shall receive a government or any other type of pension under a plan maintained by, or to which the base-period employer has contributed:
(A) The weekly benefit payable to said worker shall be reduced by a sum directly proportional to the employer’s contribution to the pension plan. The determination of the proportion shall be based on information of such nature that sustains said determination.
(B) The amount of the pension, prorated each week, shall be deducted from the weekly benefit only if the service rendered or the remuneration paid for said service by the employer who hired the worker in his base period after the beginning of said base-period, affected the eligibility to the pension or increased the amount thereof.
(C) Paragraph (B) shall not apply if said pension is paid or shall be paid under the provisions of the Social Security Act or the Railroad Retirement Act of 1974 (or the corresponding provisions under the previous Act), or
(9) the weekly benefit amount he would receive by reason of his unemployment is equal to or lower than the amount received for payment of accrued vacation or sick leave prorated weekly. In those cases in which said weekly prorated payment is less than the weekly unemployment compensation benefit, he will be paid an amount equal to the difference between the prorated weekly payment and his weekly benefit payment, rounded to the next lowest dollar.
The method for prorating shall be established by the Secretary by regulations;
(10) notwithstanding the preceding provisions of this subsection, no claimant who meets the necessary eligibility requirements shall be disqualified from receiving unemployment compensation under this chapter because he is undergoing training or retraining with the approval of the Director or his representative, or because during the training or retraining period, he was not able to work or be available for suitable work, or he failed to apply for an offer of an available, suitable job which he had been referred to by an employment office, or failed to accept a suitable job offered to him.
(A) An adversely-affected worker as said term is defined in the Trade Act of 1974, as amended, shall not be disqualified to receive benefits under this chapter, or trade readjustment assistance benefits for leaving an unsuitable job to enter a training program approved by the Director. The provisions of this chapter or any federal act which provides unemployment compensation, with regard to availability for work, active search for work or refusal of suitable work shall not apply during the training period. For the purposes of this paragraph, in addition to the provisions of subsection (c) of this section, suitable work shall mean work of a substantially similar or higher skill level than that done by the worker in the adversely affected employment, in which the wage received for said work was not lower than eighty percent (80%) of his average weekly wage;
(11) compensation shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two (2) successive sport seasons or similar periods if such person performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in said season or similar periods;
(12) compensation shall not be paid on the basis of services performed by an alien unless said alien, at the time he performed such services, had been legally admitted to render such service, had been lawfully admitted as a permanent resident, or is permanently residing in the United States under any legal provision (including those admitted by virtue of §§ 203(a)(7) or 212(d)(5) of the Immigration and Naturalization Act). Provided, That any information required to determine whether compensation is not payable to a worker pursuant to the preceding clause shall be uniformly required from all applicants for compensation. Any determination regarding a worker’s ineligibility for compensation because of his alien status shall be based on a preponderance of evidence;
(13) the person claiming benefits has a child-support debt.
(A) Every individual who establishes a new unemployment compensation claim shall inform at the time of filing said claim, whether or not he has child-support debts, as said term is defined hereinafter. If the individual is eligible for unemployment compensation the Director shall notify the Agency in charge of the Child-Support Program of the determination issued.
(B) The Director shall withhold from the unemployment compensation payable to the person who has a child-support debt:
(i) The amount fixed by the individual in the cases in which subparagraph (ii) or (iii) is not applicable.
(ii) The amount, if any, determined by agreement submitted by the Agency in charge of the Child Support Program under § 454(20)(B)(i) of the Social Security Act, unless subparagraph (iii) of this paragraph is applicable.
(iii) The amount fixed by the court after a legal proceeding, as this is defined in § 462(e) of the Federal Social Security Act.
(C) Any amount withheld under paragraph (B) of this clause shall be sent by the Director to the Agency in charge of the Child Support Program.
(D) Any amount withheld under paragraph (B) of this clause shall be considered as unemployment insurance compensation received by the claimant and paid by him to the Agency in charge of the Child Support Program in payment of the debt incurred.
(E) The term “unemployment compensation” is defined for the purposes of paragraphs (A) to (D) of this clause as any compensation payable under this chapter, and including amounts payable by virtue of an agreement under any federal act which provides compensation, assistance or other payments with regard to a period of unemployment.
(F) The term “debt for child support” is defined for the purposes of this chapter as an obligation carried out under a plan described in § 454 of the Federal Social Security Act, approved by the Secretary of Health and Human Services under Part D of Title IV of the Federal Social Security Act.
(G) Agency in charge of the Child Support Program means any agency in Puerto Rico, or a political subdivision thereof, which operates in accordance with the provisions of paragraph (F) of this clause.
(H) The provisions included in this section shall be applicable only if there is a satisfactory agreement by which the Agency in charge of the Child Support Program pledges itself to reimburse the Director for the administrative expenses incurred because of the provisions contained in this subsection.
(14) No claimant shall be considered ineligible for having resigned from employment due to family situations that make access or general attendance to the workplace extremely onerous or impractical for the following reasons:
(A) Need to change or relocate his/her domicile due to an employment transfer or new employment of the spouse.
(B) Situations or incidents involving domestic violence in which access or regular attendance to work could constitute a risk to his/her own safety or that of members of the family unit. Provided, that immediate family shall refer to the spouse, parents, or underage children.
The following shall constitute sufficient evidence of domestic violence, without it being construed as a limitation:
(i) A restraining order issued by the court.
(ii) A police report of the incident of domestic violence.
(iii) A report or certification from a bona fide organization that offers support services to victims of domestic violence.
(iv) A statement from a support professional, such as a counselor, shelter official, lawyer, religious representative, or health professional.
The information contained in the aforementioned documents shall be confidential and, therefore, shall not be disclosed unless the claimant provides a written consent. The Secretary of Labor shall implement a training program regarding the management of unemployment claims related to domestic violence in collaboration and coordination with the Women’s Advocate Office. Said program shall be aimed at training managerial and other staff who aid victims of domestic violence. This Program shall be implemented sixty (60) days after the approval of this act.
(C) Situations or incidents in which the claimant is a victim or witness to a crime and, thus, access or regular attendance to the workplace constitutes a risk to the claimant’s physical safety that requires a change or relocation of domicile.
(D) Verifiable illness or disability of a member of the immediate family unit that requires the claimant to care for and accompany said family member for a period of time that exceeds what the employer may grant under any type of leave. Provided, that immediate family shall be the spouse, parents, or underage children.
In the event of a termination related to or motivated by any of the aforesaid reasons in which the Secretary of Labor determines that the same was connected to the compelling family reasons herein established, he/she shall declare the claimant eligible for benefits.
(c) Suitable work.—
(1) Notwithstanding any other provision of this chapter to the contrary, no work shall be deemed suitable, and benefits shall not be denied under any provision of this chapter, to any individual otherwise eligible, for his refusing to accept new work under any of the following conditions:
(A) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(B) if the wages, work hours, or other working conditions offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
(C) if, as a condition of being employed, it is required that the individual join a union or resign or refrain from joining a bona fide labor organization.
(2) In determining whether any work is suitable for a claimant and in determining the existence of good cause for leaving or refusing any work, the Director shall, in addition to determining the existence of any of the conditions specified in § 704(c)(1) of this title, consider the degree of risk to the claimant’s health, safety, and morals, his physical fitness for the work, his prior earnings, the duration of his unemployment, his prospects for obtaining work at his highest skill, the distance of the available work from his residence, his prospects for obtaining local work, and such other factors as might influence a reasonably prudent person in the claimant’s circumstances.
(d) Part-time employment.— Notwithstanding any other provision of this chapter, eligibility for benefits shall be extended to any claimant who is available to carry out or accept placement only in part-time employment, subject to the following provisions:
(1) If most of the work weeks in the claimant’s base period include part-time work, he/she shall not be denied unemployment benefits under the provisions of this chapter regarding availability for employment, active employment search, or failure to accept employment, solely because the individual is looking only for part-time work.
(2) For purposes of this subsection, “available for part-time work” shall mean available to work at least twenty (20) hours per week, unless the work shift that establishes eligibility in the base period or at the time of termination were shorter.
(3) Nothing in this subsection shall be construed to prevent a person who has been employed part-time to apply for or accept placement or participate in training programs for full-time employment.
History —June 21, 1956, No. 74, p. 328, § 4; Dec. 22, 1960, No. 1, p. 1, § 6; June 8, 1962, No. 27, p. 54, § 3; June 24, 1971, No. 85, p. 257, § 3; June 15, 1972, No. 16, p. 374, § 3; Aug. 9, 1974, No. 21, Part 2, p. 646, § 2; June 30, 1975, No. 111, p. 329, § 3; June 23, 1976, No. 15, p. 721, § 2; June 24, 1977, No. 101, p. 228, § 3; July 26, 1979, No. 4, p. 924, § 3; June 22, 1981, No. 15, p. 103, § 3; May 21, 1982, No. 18, p. 35, § 2; July 9, 1982, No. 2, p. 191, § 2; Sept. 12, 1983, No. 5, p. 360, § 2; July 2, 1985, No. 53, p. 190, § 2; July 11, 1988, No. 71, p. 320; July 15, 1988, No. 102, p. 424, § 2; Jan. 20, 1995, No. 17, § 1; Dec. 16, 2010, No. 200, § 1; Aug. 18, 2011, No. 191, § 3; Oct. 18, 2013, No. 120, § 1.