Bill No. 24,481, which amends Articles 95 and 97 of the Costa Rican Labor Code, has been published in the Official La Gaceta. Consequently, the law entered into force immediately on April 24, 2026.
This reform introduces significant changes to the breastfeeding rights framework applicable to employment relationships in Costa Rica and is mandatory for employers as of its effective date.
¿What Changes Does This Reform Introduce?
The new legislation strengthens employees' rights during the breastfeeding period by expanding its scope and clarifying employers' obligations.
Key Employment-Related Changes
Breast Milk Expression
- The right to express breast milk during working hours is now expressly recognized and placed on equal footing with the right to breastfeed.
- Employees are entitled to 25 minutes every three hours for breast milk expression, representing one of the most significant changes introduced by the reform.
Mandatory Paid Breaks
Time allocated for breastfeeding and breast milk expression:
- Must be granted during working hours.
- Working time is considered effective.
- May not result in any reduction of salary or compensation
Workplace Accommodation Requirements
Employers are now subject to reinforced obligations to:
- Provide suitable breastfeeding facilities
- Ensure adequate conditions for breast milk expression
Operational Flexibility
The exercise of these rights may be organized in different ways throughout the workday, allowing:
- Adjustments based on each employer’s operational needs
Breastfeeding During Overtime Work
The reform expressly recognizes breastfeeding rights during overtime hours:
- Employees are entitled to 15 minutes every three hours for infant feeding purposes
¿What Should Employers Do?
Since the law is already in effect, organizations are encouraged to implement the following measures immediately:
- Review and update internal breastfeeding policies.
- Establish or adapt suitable lactation facilities.
- Adjust work schedules to accommodate breastfeeding and milk expression breaks.
- Train personnel, particularly Human Resources teams and supervisory staff
Importance of Compliance
Proper implementation of this reform:
- Ensures compliance with labor legislation.
- Reduce employment-related risks and potential penalties.
- Promote healthier and more inclusive workplace environments.
Final Consideration
This reform imposes immediate compliance obligations. Therefore, employers should promptly implement the necessary adjustments to mitigate labor contingencies and avoid potential sanctions.
See document
Maternity and Breastfeeding Protection in Costa Rica: Key Employment Considerations
Costa Rican labor legislation provides special protection to pregnant employees and breastfeeding mothers, guaranteeing rights related to maternity leave, employment stability, breastfeeding accommodations, and protection against dismissal.
These protections are primarily regulated under Articles 94 through 100 of the Labor Code and the Health Insurance Regulations of the Costa Rican Social Security Fund, as its acronym in Spanish – CCSS.
¿What Is Maternity Leave?
Maternity leave consists of a four-month paid leave period granted to pregnant employees, distributed as follows:
- One month before childbirth.
- Three months following childbirth.
The postnatal leave period is intended to facilitate the mother's recovery while promoting infant care, adaptation, and breastfeeding.
Impact on Statutory Employment Benefits
The maternity leave subsidy is considered salary in nature and must therefore be included in the calculation of:
- Christmas Bonus (Aguinaldo).
- Vacation pay.
- Notice period compensation
- Severance pay (Auxilio de Cesantía).
- Any other applicable statutory employment benefits
Rights Related to Breastfeeding and Medical Care
Medical Certification of the Breastfeeding Period
Certification of the breastfeeding period may be issued by:
- The Costa Rican Social Security Fund - as its acronym in Spanish – CCSS
- A private healthcare provider
Both certifications are legally valid unless a judicial authority determines otherwise.
Leave for a Child’s Medical Appointments
Once maternity leave has concluded, employees are entitled to paid leave to attend their child's medical appointments when supported by a medical recommendation.
Special Protection Against Dismissal
Costa Rican labor legislation prohibits the dismissal of a pregnant employee or an employee during the breastfeeding period without cause and prior authorization from the Ministry of Labor and Social Security, as its acronym in Spanish is MTSS.
Procedure for Obtaining Authorization to Dismiss
Where disciplinary grounds exist:
- The employer must submit a request to the Labor Inspectorate.
- Supporting evidence must be provided, along with a detailed description of the alleged facts.
- The Labor Inspectorate will conduct an investigation and hold a hearing with the parties involved.
- Subsequently, a resolution will be issued authorizing or denying the dismissal.
- The dissatisfied party may subsequently seek judicial review through the labor courts.
¿What Can an Employee Do if Dismissed?
The employee may:
- File a complaint with the Labor Inspectorate.
- Request immediate reinstatement before a Labor Court.
If the employee chooses not to be reinstated, they may be entitled to receive:
- Notice pay.
- Severance pay
- Christmas bonus
- Accrued vacation pay.
- Back pay (lost wages).
- Applicable prenatal and postnatal benefits, as appropriate
Requirement to Qualify for Special Maternity Protection
To be covered by the special maternity protection regime, the employee must:
- Notify the employer of her pregnancy.
- Submit a medical certificate or supporting documentation issued by the Costa Rican Social Security Fund – CCSS.
¿What Should Employers Do?
Organizations are encouraged to:
- Review internal policies related to maternity and breastfeeding rights.
- Train Human Resources personnel and supervisory staff.
- Verify the proper administration of social security contributions and statutory employment benefits.
- Properly manage medical leave permissions and labor protections.
- Avoid actions that could give rise to labor contingencies or discriminatory practices.
Importance of Compliance
The proper implementation of these provisions:
- Ensures compliance with applicable labor legislation.
- Reduces the risk of penalties, labor claims, and employment litigation.
- Promotes inclusive and respectful workplace environments
See document
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