On December 20, 2023, following its publication in the Official Gazette, a significant reform to Article 95, subsection C of the Labor Code, entered into force in Costa Rica, introducing a special paternity leave for biological fathers of minors in the event of the mother's death during childbirth.

Previously, paternity leave had been established through the "Law to Combat Labor Discrimination against Women in Maternity Conditions," number 10211, in June 2022. However, this law had a legal gap as it did not clarify whether paternity leave could be granted to a working father if the deceased mother were not entitled to leave due to not being a salaried employee. This ambiguity prevented the father from obtaining the leave to take care of the child in such circumstances.

The recent reform has addressed this existing gap by stipulating that paternity leave will be granted to the father of the child or to the person assuming responsibility for the child, provided they are employees, regardless of the employment status of the deceased mother.

Key features of paternity leave:

• Granted to the working father of a child whose mother dies during childbirth or during maternity leave.
• In the absence of the father or if he is unable to take care of the child, leave may be granted to another working individual who demonstrates a commitment to care for the child. For this, the National Childhood Welfare Agency (PANI) must expedite the process and issue a certified resolution to the designated person.
• Special Paternity Leave license is granted to the father of the child or to the person who will take care of the child, provided they are employees, regardless of the employment status of the deceased mother.
• Leave is granted for a period of three months, starting from the birth of the child.
• Leave is fully paid.

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