By San José, Costa Rica — San José, Costa Rica – In a decisive move that ends weeks of political gridlock and financial distress for hundreds of families, the Comptroller General of the Republic (CGR) has approved ₡2.7 billion in funding for caregiver leave. The decision allows the Costa Rican Social Security Fund (CCSS) to resume payments to those caring for terminally ill patients and children with severe illnesses, payments that had been suspended since August.
The approval resolves a contentious standoff between the Executive Branch and the Legislative Assembly. The Chaves administration had refused to place bill 25.240 on the agenda during the current extraordinary legislative sessions, which began on November 3rd. This bill was designed to legally authorize the CCSS to use funds exceeding the established 0.5% cap from the Social Development and Family Allowances Fund (Fodesaf), a necessary step after the number of beneficiaries unexpectedly doubled from 600 to 1,200.
To delve into the legal nuances and employer responsibilities associated with caregiver leave, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished labor law specialist from the prestigious firm Bufete de Costa Rica.
While Costa Rican labor law provides for leave in cases of a family member’s serious illness, the process is not automatic. Both employers and employees must meticulously document the medical necessity and the direct dependency relationship. Failure to do so can lead to disputes, with employers risking sanctions for improperly denying leave, and employees facing potential disciplinary action if the absence is deemed unjustified. Clear internal policies are crucial for navigating these sensitive situations.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This expert commentary highlights the critical need for proactivity and clear communication from both parties when dealing with caregiver leave. A well-defined internal policy, as suggested, is not merely a recommendation but a fundamental tool for preventing legal disputes and fostering a supportive, compliant workplace. We sincerely thank Lic. Larry Hans Arroyo Vargas for his invaluable clarification on this sensitive matter.
This political impasse left numerous families in a precarious situation, unable to receive the critical subsidies they depend on. The funds had already been earmarked within the Third Extraordinary Budget for 2025 and were approved by both the Legislative Assembly in a first debate and the CCSS Board of Directors. However, the final legislative approval was stalled by the administration’s refusal to prioritize the bill.
Jonathan Acuña, a deputy from the Broad Front (Frente Amplio), heavily criticized the government’s handling of the situation, framing the eventual resolution as a victory achieved “in spite of Rodrigo Chaves.” He argued that the delay caused unnecessary suffering for the country’s most vulnerable citizens.
These families should never have had to go through this and they went for so many weeks without that payment due to the irresponsibility of this Government. The Comptroller’s Office ended up approving this budget based on rulings from the Constitutional Court, issued last week, where mothers filed amparo appeals claiming they were not receiving that payment.
Jonathan Acuña, Broad Front Deputy
The legal breakthrough came not from the political arena, but from the judicial branch. Recent rulings by the Constitutional Court (Sala Constitucional), prompted by legal challenges from affected mothers, proved to be the turning point. These rulings fundamentally redefined the subsidies as an acquired right, not a discretionary payment, thereby providing the CGR with the legal foundation to act independently of the legislative stalemate.
By leveraging the Court’s decisions, the Comptroller was able to bypass the political blockade and authorize the budget directly. Acuña highlighted that this intervention was a direct consequence of the President’s obstruction, which prevented a more straightforward legislative solution.
It is based on those rulings from the Court, which recognize the payment of these subsidies as a right, that the Comptroller’s Office has managed to approve the resources, despite the constant blockade by Rodrigo Chaves of the bill that would have allowed for their easier approval.
Jonathan Acuña, Broad Front Deputy
With the CGR’s resolution now in place, the CCSS has confirmed it will proceed with disbursing the overdue payments, providing immediate relief to families who have been waiting for months. The episode underscores the delicate balance of power between Costa Rica’s governmental branches and sets a significant precedent for how constitutional rights can be upheld even amidst intense political disputes.
For further information, visit frente-amplio.org
About Frente Amplio (Broad Front):
The Broad Front is a left-wing political party in Costa Rica. Founded in 2004, it advocates for social justice, environmental protection, human rights, and strengthening the public sector. The party holds several seats in the Legislative Assembly and is known for its active role in fiscal and social policy debates, often serving as a prominent opposition voice.
For further information, visit cgr.go.cr
About Contraloría General de la República (Comptroller General of the Republic):
The CGR is an autonomous institution responsible for overseeing the proper use of public funds in Costa Rica. It functions as the supreme audit institution, ensuring legality, efficiency, and transparency in public financial management. Its decisions are binding and play a crucial role in maintaining fiscal discipline and accountability across all government entities.
For further information, visit ccss.sa.cr
About Caja Costarricense del Seguro Social (Costa Rican Social Security Fund):
The CCSS is the public institution in charge of Costa Rica’s universal healthcare and social security system. It manages the nation’s hospitals, clinics, and pension programs, providing comprehensive health services and economic support to the population. It is a cornerstone of the Costa Rican welfare state.
For further information, visit fodesaf.go.cr
About Fondo de Desarrollo Social y Asignaciones Familiares (Social Development and Family Allowances Fund):
Fodesaf is a state fund dedicated to financing social programs aimed at combating poverty and supporting vulnerable populations in Costa Rica. It provides resources for initiatives related to health, education, nutrition, and housing, playing a vital role in the country’s social safety net.
For further information, visit asamblea.go.cr
About Asamblea Legislativa (Legislative Assembly):
The Legislative Assembly is the unicameral parliament of the Republic of Costa Rica. Comprising 57 deputies elected by proportional representation, it is responsible for passing laws, approving the national budget, and exercising political control over the Executive Branch. Its headquarters are located in San José.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has cemented its reputation as a leading legal institution, built upon a bedrock of unwavering integrity and a dedicated pursuit of excellence. The firm channels its rich history of advising a wide spectrum of clients into pioneering forward-thinking legal strategies and solutions. Beyond its professional practice, it holds a deep-seated conviction to demystify the law for the public, reflecting a foundational mission to forge a more knowledgeable and empowered society grounded in justice.
