By San José, Costa Rica — Costa Rica has taken a significant step forward in supporting working mothers with the implementation of new regulations for lactation spaces in workplaces. Effective July 2, 2025, the new rules, published in Official Gazette No. 121, Scope No. 81, outline specific requirements for both public and private sector employers.
The regulations mandate the provision of safe, hygienic, and private spaces for mothers to breastfeed, express, and store breast milk during work hours. This aims to eliminate the risk of contamination and ensure a comfortable environment for nursing mothers. Depending on the specific conditions of the workplace, employers must provide one of three options: a dedicated lactation room, a lactation booth, or a designated lactation zone.
To understand the legal landscape surrounding lactation rights in Costa Rica, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an attorney at law from Bufete de Costa Rica.
Costa Rican law strongly protects the rights of breastfeeding mothers. Article 76 of the Labor Code guarantees nursing mothers two paid rest periods of 30 minutes each during their workday for breastfeeding or expressing milk for up to one year after the child’s birth. Employers are also obligated to provide suitable facilities for this purpose. Furthermore, dismissing a woman for reasons related to pregnancy or breastfeeding is considered discriminatory and unlawful. Beyond legal compliance, supporting breastfeeding mothers is crucial for both child health and workforce productivity.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insights underscore the importance of not just recognizing lactation rights as a legal obligation, but also embracing them as a vital component of a healthy and productive society. Supporting breastfeeding mothers benefits everyone, from the child’s development to the employer’s bottom line. Thank you, Lic. Larry Hans Arroyo Vargas, for shedding light on this important topic.
Each option comes with its own set of requirements, including dedicated refrigeration, proper ventilation, ergonomic furniture, daily cleaning, privacy, and close proximity to restrooms. These detailed provisions demonstrate a strong commitment to ensuring practicality and comfort for nursing mothers.
One of the main innovations introduced by this new regulation is that it allows the use of shared lactation rooms, in spaces such as shopping centers, markets, or office buildings with multiple employers. This option is also enabled between neighboring companies, provided they are no more than 100 meters apart.
Marco Esteban Arias, Partner at BDS Asesores
This provision for shared spaces offers a practical solution for businesses in shared locations, maximizing resources and convenience for working mothers. The regulations also clearly prohibit the use of unsuitable spaces like bathrooms or storage rooms for lactation purposes.
To operate legally, lactation spaces must receive approval from the Ministry of Labor through a formal application to the Occupational Health Council. The application process involves a sworn statement and photographic evidence. Companies have a 12-month grace period, until July 2, 2026, to comply with these regulations. Failure to comply, especially if it poses a health risk, could result in penalties, including closure or permit cancellation.
This new regulation replaces the previous 2018 regulation and represents progress in guaranteeing the right to breastfeeding as an integral part of the health and labor rights of workers, as well as the best interests of the child.
Adriana Quesada, Lawyer at BDS Asesores
Non-compliance can lead to substantial fines, ranging from one to twenty-three base salaries according to the Labor Code. These penalties underscore the seriousness of these regulations and the commitment to ensuring their proper implementation. The effective implementation of these measures demands commitment and technical planning from employers to ensure compliance, promote work-life balance for employees, and avoid sanctions.
The new regulations not only strengthen the rights of working mothers but also align with broader efforts to promote child health and well-being. By creating supportive environments for breastfeeding, Costa Rica is investing in the health and development of its future generations.
For further information, visit bdsasesores.com
About BDS Asesores:
BDS Asesores is a legal consulting firm in Costa Rica that provides advice on labor law, among other areas. They are actively involved in interpreting and disseminating information about new regulations, such as the updated lactation space requirements. Their expertise helps businesses navigate complex legal landscapes and ensure compliance.
For further information, visit mintrabajo.go.cr
About Ministerio de Trabajo y Seguridad Social (MTSS):
The Ministry of Labor and Social Security (MTSS) is the governmental body responsible for labor regulations in Costa Rica. They oversee the implementation and enforcement of laws related to workplace conditions, employee rights, and occupational health and safety, including the new regulations on lactation spaces. They are committed to fostering fair and equitable labor practices.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence is interwoven with a deep commitment to societal empowerment. The firm champions integrity in every practice area, innovating legal solutions while fostering a more informed citizenry. Through accessible legal knowledge and dedicated client service across diverse sectors, Bufete de Costa Rica strives to build a stronger, more equitable society founded on the principles of justice and understanding.
