Important Update: New Paid Leave Guidelines for Newborn Care in Costa Rica

The Costa Rican Ministry of Labor and Social Security (MTSS) has recently issued directive DAJ-AER-OFP-115-23, outlining paid leave for medical appointments related to newborns and their mothers or caregivers.

Previously, the Labor Code required employers to grant paid leave for employees after maternity leave to attend medical appointments for either the newborn or the mother/caregiver, including obtaining breastfeeding certificates. However, the duration of this benefit was not clearly defined.

With the new directive, the MTSS clarifies that these paid leaves should align with the breastfeeding period, specifically covering at least the first twelve months of the child's life. Extensions are also permitted if justified by medical need.

This updated interpretation offers clearer guidance for employers on managing these leave policies, helping to minimize potential conflicts with employees and avoid claims of non-compliance. By understanding and implementing these new guidelines, employers can operate within the legal framework, protecting themselves from penalties and ensuring effective management of paid leave.

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