P.R. Laws tit. 3, § 2510
(a) The agencies shall require said official or employee whose drug test shows corroborated positive results, to participate in an orientation, treatment and rehabilitation plan which shall be mandatory adopted by the agencies and to which he/she shall be referred by the liaison. The official or employee may opt to submit to said treatment and rehabilitation in any public or private institution certified for said purpose. In case the official or employee opts for the latter, he/she shall be responsible for the cost of the treatment and rehabilitation, unless his/her health insurance policy can defray it.
(b) Said official or employee can be periodically submitted to additional tests as part of the treatment and rehabilitation plan.
(c) Refusal to participate in the rehabilitation plan or submit to the tests required as part of the treatment, as well as the presence of controlled substances in the results of the additional tests to which he/she is submitted, shall be deemed sufficient cause for corrective action or disciplinary action against the official or employee, beyond a mere verbal admonishment or written reprimand, according to applicable legislation and regulations, and pursuant to the provisions of this chapter.
(d) The agency shall guarantee to each official and employee that as long as he/she complies with the prescribed treatment and rehabilitation, he/she shall continue to work, provided that it does not endanger the public health and safety.
(e) In those cases in which the there is a risk to his/her health and safety or that of the other employees of the agency if the official or employee remains at work, the same conditions established in subsection (f) of this section shall apply.
(f) In those circumstances in which the official or employee requires time off to receive treatment in those cases provided in the above subsection of this section, the time during which he/she is absent, shall first be charged to accrued sick leave. If he/she does not have any accrued sick leave, it shall be charged to his/her accrued compensatory leave or vacation leave, and finally, he/shall be granted leave without pay for a maximum term of six (6) months.
(g) In the case of a recidivist official or employee, the agency shall not have to comply with the orientation, treatment and rehabilitation requirement established in this chapter. In this case, the agency shall not have to grant the benefit of compensatory time, vacation leave and leave without pay provided in this section nor absorb the treatment and rehabilitation costs, and it shall proceed as provided in § 2510 of this title.
(h) Those officials or employees who, by exception, are removed as established in this chapter, shall be referred to the treatment and rehabilitation programs provided by the State.
History —Aug. 14, 1997, No. 78, § 13.