An alternate or optional flexible work schedule may be established solely by agreement between the employee and the employer, which will allow advancing or delaying the hour to begin the workday and the period assigned for meals. Employers shall process with priority those requests submitted by heads of families who have the patria potestas or sole custody of their minor children. This hourly work schedule shall be completed consecutively, without fractioning it. The aforesaid may be interrupted only for the period of time provided for or agreed upon for taking meals as established by law. Any such agreement shall also provide for a rest period of not less than twelve (12) consecutive hours, between daily work schedules. When these requirements are complied with, those hours which are the result of having advanced or delayed the work schedule or the time for taking meals during the workday shall not be deemed as overtime. Nevertheless, those hours worked during the periods reserved for resting or meals and those hours worked in excess of the daily eight (8) hour workday or the forty (40) hour workweek, shall be deemed to be, and paid as overtime, as provided in this chapter.
History —May 15, 1948, No. 379, p. 1254, added as § 5 on July 20, 1995, No. 83, § 5; Jan. 4, 2002, No. 7, § 1.