#CostaRica 🇨🇷 #BDS_Article: Mental Health in the Workplace: Impact and Implications
When addressing the issue of mental health, various factors must be considered, including personal,...
A recent amendment to the regulations of the Costa Rican Social Security Administration (Caja Costarricense de Seguro Social – CCSS) aims to eliminate uncertainty for employers and employees by providing greater clarity regarding the limits and permissions applicable during periods of certified medical leave.
On May 29, the CCSS’s Board of Directors approved an amendment to the “Regulation on Statutory Leaves of Absence and Certified Medical Leaves.” This amendment, which entered into force on Thursday, July 10, following its publication in the official government gazette La Gaceta, seeks to clarify one of the most frequently asked questions in the Costa Rican workplace: what can or cannot a person do while on certified medical leave?
Specifically, Article 14 of the amended regulation governs the general obligations and prohibitions that every person must observe while on certified medical leave. It establishes a general prohibition against performing any type of remunerated work, as well as a restriction on other non-remunerated activities that may hinder or interfere with the worker’s recovery process. At the same time, it sets forth exceptions under which an individual may engage in activities that would otherwise be banned.
In this regard, Article 14 allows that, in some cases and based on a reasoned medical opinion, the treating physician may recommend that the individual perform certain physical or recreational activities as part of their treatment. For example, attending physical therapy sessions or even exercising. The patient’s medical file must include a record of the recommended activity, including the type and duration.
Nonetheless, in practice, many situations continue to cause confusion among employers and employees. Many mistakenly believe that a person on certified medical leave must remain bedridden at all times. As a result, they assume that if an employee on certified medical leave is seen outside their home, they must be violating their obligation to rest. This is precisely the type of misunderstanding that the recent regulatory amendment seeks to resolve.
What does the regulation now say?
As a starting point, the new version of Article 14 maintains the prohibition on engaging in remunerated work, as well as on performing non-remunerated activities that may obstruct or jeopardize the recovery process.
As exceptions, the regulation continues to allow physical or recreational activities, provided they are recommended by the treating physician. However, and this is the first significant change, the revised Article 14 introduces a new exception that permits individuals to carry out basic daily living tasks—such as procuring or buying groceries—when they live alone or lack the support of a relative or close acquaintance. The regulation now also allows individuals to leave their homes for medical appointments to receive treatment, undergo medical examinations, to pick up medications, and similar activities.
Therefore, seeing a person on certified medical leave at a supermarket, pharmacy, or even a shopping mall (many of which include grocery stores or pharmacies) should no longer automatically be interpreted as a violation of their certified medical leave. Rather than assuming the individual is noncompliant, the amendment encourages a shift in perspective: such activities are now presumed to be permitted and not contrary to the obligation to rest.
As a second and very important modification, the amendment opens the door for individuals on certified medical leave to attend court hearings or proceedings related to their employment relationship, provided that medical clearance is given. This requirement may be a limiting factor, as third parties (a judge, employer, or opposing party in a legal proceeding) do not have access to the individual’s medical file to verify whether such clearance exists. Still, this marks a significant improvement in a system where, until now, any certified medical leave—regardless of the reason—required the suspension and rescheduling of countless hearings and similar proceedings.
What should be done in case of any doubts?
Despite these changes, the situation will not always be clear. Due to confidentiality of sensitive medical information, CCSS medical leave certificates do not specify the diagnosis or medical condition justifying the leave. At most, they may indicate the medical specialty that issued the certificate, but not the actual diagnosis or related details.
Therefore, except in rare and obvious cases of noncompliance, the general recommendation to employers remains the same: do not automatically assume that an employee is violating their certified medical leave simply because they were seen or there is evidence of them engaging in any activity. Instead, the appropriate course of action is to consult the corresponding medical facility to determine whether the specific activity in question constitutes a breach of the employee’s certified medical leave conditions.
Lastly, it must be reminded that while the CCSS has general guidelines for standard recovery periods for the most common conditions, a certified medical leave is ultimately the result of an individualized medical assessment, and there are countless reasons that may justify a temporary certified medical leave. Some conditions may even result in a recommendation to engage in recreational or leisure activities. Therefore, before making assumptions or taking disciplinary action, it is always advisable to verify the situation with the corresponding medical center.
Marco Esteban Arias
Partner, BDS Asesores
