On June 3rd, the reform to the Labor Code was published in the Official Gazette, which created the Paternity License in Costa Rica.

What does the reform consist of?
The idea of this work license is that parents can share the responsibilities of caring for newborns. Workers must receive their full salary on leave days, which must be contributed in equal parts by the employer and the Costa Rican Social Security Fund (CCSS).

Birth parents will be granted paternity licenses for two days a week for the first four weeks after the birth of their son or daughter. This equates to a total of eight days.

A special postpartum license is also established, which will be granted to the biological father in case of maternal death during childbirth or during the leave. In these cases, the father, when he takes care of the minor, will enjoy the pending time of the license.

Therefore, the employer will be obligated to grant the father permission to share with his or her newborn son or daughter and contribute to his or her care within the parameters of said license.

What are the consequences of not respecting the Paternity license?

In the event that this right is not respected, the employer will be incurred in a serious breach of the labor contract and, in addition, must pay the worker in all the labor extremes that correspond according to the law, and add to the compensation the amount of six salaries.

Special Jurisdiction

As for the validity of the reform, parents enjoy a special jurisdiction, so the employer cannot fire him while he enjoys the license.

What happened before?

At least in the private sector, there was no obligation of the employer to grant the father such leave, but it was left to his will or with the creation of labor agreements within the organization.

Does it change anything for the public sector?

No, the Public Employment Framework Law created paternity leave for public officials, which grants public employees a one-month leave with pay, one day after the birth or adoption of a child is registered.

Our comments

We believe that this reform is of the utmost importance, since previously said licenses existed only for mothers and the father was not recognized as having such an important right. At birth, the bond with the parents is essential for the development of the minor and allows the father to take on more active tasks to assist the mother during those first days of life, which we know perfectly well are complicated.

Any type of legislation that tends to close gaps between genders, that expands rights, and that is created for social benefit, will always be welcome by us.

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