#CostaRica 🇨🇷 #BDS_LaborAlert: Labor Code Reform in Breastfeeding Support Approved on Second Discussion: New Employer Obligations
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#CostaRica 🇨🇷 #BDS_LaborAlert: Labor Code Reform in Breastfeeding Support Approved on Second Discussion: New Employer Obligations

On Wednesday, March 18, the bill titled “Law to Protect, Promote, and Support Breastfeeding” (File No. 24,481) was approved on second discussion. The bill introduces significant amendments to the Labor Code that directly impact organizations in both the public and private sectors that employ breastfeeding workers.

Some of the main labor changes introduced by this new law include:

  • Minimum breastfeeding period: Article 95 is amended to establish the child’s first year as the minimum breastfeeding period in the workplace, extendable every three months through medical certification—issued by public or private sector professionals—and even extendable for as long as the child is breastfed. Additionally, the law recognizes the right of adoptive mothers to a breastfeeding induction period, subject to specialized certification.

  • Modification of paid breastfeeding time during the workday: It is clarified that breastfeeding time during the workday consists of one hour per day. The employee may choose to use this time in 15-minute breaks every two hours (instead of every three hours), two daily 30-minute blocks, or one continuous hour, either by arriving one hour later or leaving one hour before the end of her workday. In cases of overtime, an additional 15-minute period is recognized for every three hours worked.

  • Additional milk extraction period: Under the new Article 97 bis, employers are required to grant a minimum of 25 minutes every three working hours for milk extraction. This time is considered effective working hours and may not be replaced by other benefits. It constitutes a separate and parallel right to the breastfeeding time described above.

  • Mandatory milk extraction spaces: The amendment to Article 100 requires all employers with breastfeeding mothers to provide an appropriate space for the extraction and storage of breast milk. It must be reminded that in 2025, Executive Decree 44943-MTSS-S, the Regulation on Conditions for Breastfeeding Spaces in the Workplace, was approved, establishing new requirements for employer compliance with the obligation to provide a breastfeeding room, booth, or designated area. This regulation will enter into force on July 2, 2026.

Organizations are advised to review their internal regulations, protocols, infrastructure, and operational practices in order to timely adjust to these provisions and reduce potential labor contingencies, as the reform will enter into force upon publication in the Official Gazette.

For further information, you may refer to the detailed alert available on our BDS Tools platform.

Additionally, if you wish to explore the scope of these reforms and their proper implementation in greater depth, we invite you to participate in our webinar, “Breastfeeding in the Workplace: New Obligations and How to Comply,” to be held next Thursday, April 16, at 8:30 a.m. You may register by clicking here.

BDS Asesores


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