Rights and Obligations of Pregnant or Nursing Employees in Costa Rica
Section 7 of the Labor Code of Costa Rica, [in Spanish: Capítulo Séptimo del Código de Trabajo], establishes jurisdictional protection for pregnant or nursing employees. These employees can only be fired for just cause, that is, if they commit gross misconduct, in accordance with Articles 81 and 369 of the Labor Code.
• Obligations:
Employees in this condition have the same responsibilities as other employees. They must comply with the terms of their contract and can be penalized for disciplinary offences.
• Termination without liability:
To terminate an employee without liability under this jurisdiction, the employer must obtain authorization from the National Directorate of Labor Inspection, [in Spanish: Inspección General de Trabajo]. If the offense is verified, the dismissal is authorized.
• Jurisdictional Protection:
To use this jurisdiction, the employee must notify the employer of her pregnancy or if she is nursing, and submit a doctor’s certificate or written confirmation of the same from the Costa Rican Social Security Administration [in Spanish: CCSS]. (Art. 94 of the Labor Code).
• Amendment and due process:
The amendment to the Labor Code strengthens the right to due process for protected workers. In the event of dismissal, they may challenge it through a fast-track procedure. If the dismissal is unjustified, then the judge can order his/her reinstatement and award compensation.
It is essential that both the workers and the employers understand their rights and obligations in order to ensure respect for jurisdictional protection, and to comply with the corresponding legal procedures as such.
See: https://www.mtss.go.cr/elministerio/marco-legal/documentos/Codigo_Trabajo_RPL.pdf
Law for creating benefits for paid time off due to the death of famiy members of employees to protect the right to grieve
On September 17, 2024, the Legislative Assembly, [in Spanish: la Asamblea Legislativa], approved the first hearing of Bill N.º 23929, named: "the Law for creating benefits for paid time off due to the death of family members of employees to protect the right to grieve".
This Bill amends Article 69 of the Labor Code, which grants benefits for paid time off to employees in the event of death of a family member:
• Three business days in the event of death of relatives within the first degree of consanguinity (parents and children) or through relationship (spouse, parents in-law, sons-in-law, daughters-in-law). Common-law couples are also included who meet verified cohabitation requirements.
• One business day for the death of relatives within the second degree of consanguinity (brothers and sisters, grandparents, grandchildren) or through relationship (in-laws, paternal grandparents, and grandchildren of spouse).
• For adoptions, the worker shall submit a certification of the administrative or judicial ruling, or signed judgment that shows the effective coexistence of the minor; for the purposes of adoption or definitive adoption.
With its approval pending in the second hearing, this law would come into effect following its signing by the president and its subsequent publication in the Official Gazette.
See: http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/
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