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Reform to the Labor Code – Paternity Leave in Costa Rica
[/vc_column_text][us_separator][vc_column_text] Recently, the Legislative Assembly approved in its second reading bill number 21,149, which modifies some articles of the Labor Code in order to combat workplace discrimination against women in maternity status. This reform would reform articles 94, 94 bis, 95, 96, 97, and 100, and add a new section j) to article 70. The reform is aimed at combating workplace discrimination against women in maternity status and reducing the gap between men and women in raising their children. Prior to this reform, the Labor Code established that a medical certification or proof of pregnancy from the CCSS was a requirement to enjoy the protection of article 94, unless the pregnancy was evident and notorious. Now, in addition to making it optional for the worker to provide certification or proof of pregnancy, the employer must grant the worker a paid day off to obtain this certification. The law also states that paid leave must be granted to attend medical services for both the newborn and the mother or guardian. Regarding the paid maternity leave contemplated in Section 95 of the Labor Code, this reform expands the cases in which it will be granted, describing it as "special leave" and including the following:
- In cases of individual adoption, it establishes a special 3-month paid leave for the adopter or, in the case of joint adoption, it establishes that said leave will be divisible between the adopters by mutual agreement;
- Paternity leave for biological fathers, to contribute to the care of the newborn, includes two days of paternity leave per week for the first four weeks after the birth of the child; and
- In cases of maternal death during childbirth or during leave where the child has survived. It also includes a special postpartum leave for the biological father.
Clearly, the reform comprehensively regulates the rights and special jurisdiction that protect not only pregnant or breastfeeding women, but also all forms of motherhood and fatherhood, thus eradicating the long-standing responsibility of mothers for childcare. Despite the above, it is important to clarify that the law is silent on the actual remuneration of paternity leave; however, the application of these regulations to labor relations must be examined through interpretations by the courts and the Ministry of Labor. [/vc_column_text][us_separator][vc_column_text]Written by:Lexincorp Costa Rica[/vc_column_text][/vc_column][/vc_row]
