#CostaRica 🇨🇷 #BDS_LaborAlert: Optimization of Digital Signatures in Labor Documentation
In accordance with Article 8 of the "Law on Certificates, Digital Signatures, and Electronic...
Article 100 of the Labor Code establishes the obligation for any employer with breastfeeding mothers in their workplace to provide an adequate on-site space where they can breastfeed their children without risk, or express and store breast milk in a suitable location.
On July 2, 2025, the Regulation on Conditions for Breastfeeding Spaces in Workplaces was published, setting forth the requirements and approval procedures for the implementation of such spaces.
This new regulation establishes the minimum conditions that employers must adopt. So, what should an employer know about this new regulation?
- It applies to establishments with at least one breastfeeding employee.
- Employers must provide one of the following three types of spaces, depending on the conditions of their workplace:
- Lactation room
- Lactation booth
- Lactation area
- Each type has specific requirements; however, in general, there must be a dedicated refrigerator for storing breast milk, adequate ventilation, an ergonomic chair, access to a sink, among other features.
- All spaces must comply with the principles of privacy, exclusivity, accessibility, and daily cleaning.
- The space must be duly approved by the Ministry of Labor through a clearance procedure before the Occupational Health Council.
- It is expressly prohibited to set up lactation spaces inside bathrooms, storage rooms, or other similar areas.
- Companies will have up to 12 months following the publication of the Regulation to comply with these provisions.
- Companies that already have lactation spaces in place must obtain clearance from the Occupational Health Council of the Ministry of Labor.
- In case of non-compliance, financial penalties may be applied, including fines ranging from 1 to 23 base salaries, or administrative measures such as the revocation of permits or the closure of the establishment.
- All aspects covered by this Regulation are subject to oversight by the Ministry of Labor and the Ministry of Health.
It is essential that your company implements the necessary measures to comply with this new regulation. Our firm can assist you with legal advice on the content of the Regulation on Breastfeeding Spaces, guidance on the procedure for obtaining clearance from the Occupational Health Council, and any other matters related to the proper implementation of these new requirements in your workplace.
Adriana Quesada
Lawyer , BDS Asesores
