As a result of recent amendments to the Labor Code, biological fathers will be entitled to paid paternity leave for the first time, and the existing paid adoption leave will be shareable by fathers (currently only for mothers). The amendments also provide more flexibility for new mothers to take breastfeeding breaks and will require breastfeeding rooms in all companies with at least one new mother. The amendments have been approved by parliament and are awaiting the president’s final approval and publication.
New entitlements under the amendments to the Labor Code include the following:
Employer-paid paternity leave is common practice among companies surveyed (56%), but the median benefit is three days at 100% of pay, less than half of the new entitlement. The requirement that the leave be used in two-day increments over the first four weeks of life is a novel approach to family leave and may require some adaption of workplace policies and practices. (It remains to be seen if alternative usage patterns, such as a single period of paternity leave, will be permitted.) The changes to breastfeeding breaks and rooms are expected to have less of an impact on large companies given that the new mandates seem to be largely incorporating common local practice. Employers may want to start reviewing their leave policies and practices in Costa Rica in order to ensure compliance.