The right to bereavement leave has gained traction in various labor laws worldwide, though its recognition is not universal. This right seeks to provide employees with the necessary time to cope with the loss of a loved one without the financial burden of returning to work immediately. In Europe, countries like Spain and the United Kingdom already offer bereavement leave, with varying conditions and durations. In Latin America, nations like Argentina and Chile have also adopted similar measures, marking a step toward the global standardization of these rights.

Costa Rica takes a step forward on this issue with the recent reform to labor legislation, introduced through the "Law to Create Paid Leave for the Death of Family Members of Employees, to Protect the Right to Grief," approved on October 21, 2024. This represents a significant advancement in guaranteeing employee rights, while simultaneously enabling employers to operate within the established legal framework. With this reform, which amends Article 69 of the Labor Code, employers are required to grant paid leave to their workers in the event of the death of close relatives. Specifically, workers will be entitled to three paid business days if their parents, spouses, or children (first-degree relatives by blood or affinity) pass away. For second- or third-degree relatives (siblings, grandparents, siblings-in-law, grandchildren, uncles, or nephews), the employee is entitled to one paid business day.

In addition to providing emotional support for employees during difficult times, the amendment ensures that employers comply with the law, thus avoiding penalties for failing to uphold fundamental rights. It also represents an opportunity for businesses to adjust their labor policies to the new regulations and demonstrate their commitment to the well-being of their employees, while complying with current legal provisions.

At Dentons, we are committed to providing you with advice and guidance, offering legal solutions to ensure compliance with the most current labor regulations. We are dedicated to helping you navigate global labor trends efficiently. If you need more information, please do not hesitate to contact us.

Contributors: Anna Karina Jiménez, Adriana Fernández, Sebastián Rodríguez, Alejandra Israel.