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Apr 25, 2022 3:57:13 PM
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#CostaRica 🇨🇷 #BDSLaborAlert: Passing of Bill to Fight Labor Discrimination Against Women in Maternity Status
On Monday, April 18 of this year, the Legislative Assembly passed in second debate Bill No. 21,149, which amends Articles 94, 94 bis, 95, 96, 97, 100 and 70 of the Labor Code, in order to fight labor discrimination against women in maternity conditions.
The bill voted by the legislators introduces important changes in maternity and paternity leaves and paternity protection, so it is of utmost importance that employers become familiar with these changes and take the necessary measures to prepare for their future implementation.
Among the main changes introduced by the bill are the following:
1. The creation of a series of special leaves in addition to the already in place maternity leave. Specifically, it provides:
Among the main changes introduced by the bill are the following:
1. The creation of a series of special leaves in addition to the already in place maternity leave. Specifically, it provides:
- A three-month leave of absence for persons who adopt as a single parent.
- A three-month leave for those who adopt jointly. In this case, the leave may be divided between both persons and may be taken jointly or alternatively, as decided by the adopters.
- A two-day paternity leave per week during the first four weeks of the child's life. This leave is applicable only to biological parents, according to the text of the regulation, and a compensation of six salaries is established in case of non-compliance by the employer.
- A leave in case the mother dies in childbirth or during maternity leave. In this case, the biological father will be entitled to the special postpartum leave that corresponded to the deceased mother. Likewise, if the biological father does not assume his responsibility for the care of the child, the special leave shall be granted to the person who proves that he/she will take care of the newborn.
2. The extension of the protection against dismissal that previously applied only to pregnant and breastfeeding workers. Thus, once the law enters into force, workers who are beneficiaries of any of the special leaves of absence described above will be entitled to this protection privilege.
3. The obligation to give workers paid leave of up to one day to obtain a medical certificate proving pregnancy, as well as paid leave to attend medical services for the care of the minor, the mother or the person in charge, and to obtain breastfeeding certificates from medical centers.
4. The regulation of different scenarios for the granting of breastfeeding time, expressly incorporating those that were already applicable in practice. Thus, the worker may choose and/or agree with her employer the right to this benefit in the following manner:
- Fifteen minutes every three hours.
- Half an hour twice a day.
- One hour at the beginning of the workday.
- One hour before the end of the workday.
- Entering one hour later or leaving one hour earlier from the work site.
5. The elimination of the provision that established that the indemnity in case of dismissal during the breastfeeding period would be ten days' salary. Instead, it is only provided that the indemnity for damages will be decided in the judgment, which leaves the determination of the amount to be paid in the hands of the judge.
6. The extension of the obligation to have a breastfeeding room for all employers who have breastfeeding mothers in their establishment (currently, this obligation only applies to those who employ more than thirty women in this condition).
7. The incorporation into the Labor Code of the prohibition of requiring a medical pregnancy test as a condition for hiring or continued employment. This prohibition already applies in practice as it is considered a discriminatory measure, but it is not expressly regulated.
The law passed in second debate is awaiting the signature of the President of the Republic, as well as its subsequent publication in The Gazette, to become officially effective.
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