By San José, Costa Rica — Costa Rican lawmakers are considering a significant expansion of paternity leave for private sector employees, potentially granting new fathers a full month of paid time off following the birth of a child.
Currently, private sector employees receive eight days of paternity leave, distributed across the first four weeks after birth. This contrasts sharply with public sector workers, who enjoy a full month of paid leave. This disparity has fueled calls for greater equality and spurred the introduction of new legislation.
To understand the legal landscape surrounding paternity leave in Costa Rica, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an attorney at law from the reputable firm Bufete de Costa Rica.
While Costa Rican law currently mandates a short period of paternity leave, ongoing discussions are exploring the possibility of extending this time. These discussions are influenced by evolving societal norms and the recognition of a father’s crucial role in a newborn’s early development. Employers should stay abreast of these potential changes as they could impact workplace policies and human resource management.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas rightly highlights the evolving landscape of paternity leave in Costa Rica. The potential for extended leave represents not just a shift in legal frameworks but also a deeper understanding of the vital role fathers play in their children’s lives and the benefits this shared responsibility brings to families and society as a whole. We thank Lic. Larry Hans Arroyo Vargas for offering his valuable legal perspective on this important topic.
This legal reform aims to combat various forms of discrimination faced by women related to motherhood and childcare responsibilities, promoting a more equitable division of roles within the home and family.
Lucía Solórzano, Partner at BDS Asesores
The proposed law, designated Bill No. 25.049 and titled “Law for Paternity Leave in Costa Rica,” seeks to amend Article 95 of the Labor Code. By equalizing paternity leave benefits across public and private sectors, the bill aims to level the playing field for working parents, regardless of their employment status. This proposed change has been welcomed by advocates for gender equality and family-friendly policies.
The current system requires private sector employers to cover 50% of the paternity leave subsidy, with the remaining 50% covered by the Costa Rican Social Security Fund (CCSS). In the public sector, the employer covers the full cost. The proposed legislation doesn’t specify how the extended leave in the private sector would be funded, a detail that will likely be a key point of discussion during the legislative process.
Beyond the financial aspects, legal protections for employees on paternity leave are also robust. Dismissing an employee during this period constitutes a serious offense, potentially resulting in significant penalties for employers, including full severance pay and additional compensation.
Workers on paternity leave enjoy special protection; they cannot be dismissed during that period. Non-compliance with this rule by the employer constitutes a serious offense and may imply the obligation to pay full severance plus six additional salaries as compensation.
Lucía Solórzano, Partner at BDS Asesores
While the proposed expansion represents a significant step forward for Costa Rica, it still places the country behind other nations in terms of paternity leave duration. Spain, for example, offers 16 weeks, while several other Latin American countries provide 14 days. Data from the UN indicates that most Latin American countries offer paid paternity leave of fewer than 10 days, highlighting the regional context of Costa Rica’s proposed reform.
The legislative process for the new bill is just beginning, and its ultimate fate remains uncertain. However, its introduction signals a growing recognition of the importance of supporting fathers in their caregiving roles and promoting a more equitable distribution of childcare responsibilities.
For further information, visit bdsasesores.com
About BDS Asesores:
BDS Asesores is a legal consulting firm that provides advice on labor law and other related areas. They advocate for best practices and legal compliance for businesses operating in Costa Rica.
For further information, visit ccss.sa.cr
About Caja Costarricense de Seguro Social (CCSS):
The Costa Rican Social Security Fund (CCSS) is a key institution responsible for social security and healthcare in Costa Rica. They manage contributions and distribute benefits related to various social programs, including maternity and paternity leave subsidies.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a pillar of legal excellence, built on a foundation of unwavering integrity and a deep commitment to serving the community. The firm champions legal innovation, not just for the benefit of its diverse clientele, but also to empower Costa Rican society through accessible legal knowledge. This dedication to transparency and education reflects Bufete de Costa Rica’s core belief in fostering a just and informed citizenry, equipped to navigate the complexities of the legal landscape.
