On April 2022, the Legislative Assembly of Costa Rica approved the Bill that amends and introduces new regulations on parental leaves in the private sector. Under this Bill, the following labor rights will come into force:

1. Paid Leaves

• Adoption leave has been extended to both parents (regardless of gender), so that the three-month leave can be divided between the two parents.
• Paternity leave (for the biological father) two days per week, during the four weeks counted from the date of birth of the child.
• Special care leave, granted to the biological father whose partner dies while giving birth or shortly after the childbirth (during the maternity leave term). Likewise, this leave applies to the employee (regardless of gender) who proves that they will be in charge of the newborn.

Salary during these leaves will be paid 50% by the employer and 50% by the Social Security Administration (CCSS).

A paid day-off is granted for the employee to collect a medical certificate of pregnancy.

After leave, the employer must grant paid time off to the employee caring for the child to attend scheduled medical appointments for themselves or for the child. Likewise, for the employee to collect the nursing certificates.

2. Extension of the Special Protection

• Pregnant employees and employees under maternity, paternity, and special care leave, will be legally protected by due process at the Ministry of Labor if they are dismissed with cause.

3. Paid Breaks to Breastfeed

• The Bill provides for five break options that the employee can choose to breastfeed the child:
  • Fifteen minutes every three hours.
  • Half an hour twice a day.
  • One hour at the beginning of the work shift.
  • One hour at the end of the work shift.
  • The employee can choose to begin work one hour late or leave one hour early from work.

4. Breastfeeding Room

• When the company has an employee who is breastfeeding, it will be mandatory to have an appropriate breastfeeding room in the company’s facilities.

5. Non-discrimination

• The Bill expressly establishes the prohibition of asking candidates or employees for a pregnancy test for recruitment and permanence at work purposes.

To obtain legal advice in Costa Rica on labor law, do not hesitate to contact us.