#CostaRica 🇨🇷 #BDS_LaborAlert: Costa Rica Ratifies ILO Convention 190: Toward a World of Work Free from Violence and Harassment
On Tuesday, September 30, 2025, through Item No. 125 of the Official Gazette No. 182, Act No. 10749
As of July 2, 2025, the new Regulation on Conditions for Breastfeeding Facilities in the Workplace came into force in Costa Rica. This regulation was published in Item No. 81 to Official Gazette No. 121. It sets forth binding obligations for all workplaces, whether public or private, that have at least one employee who is breastfeeding.
The purpose of the regulation is to ensure safe, hygienic, and private conditions for mothers to breastfeed or to extract and store breast milk during working hours, without risk of contamination or exposure.
Employers are required to provide one of the following three types of lactation spaces, depending on the conditions of their workplace:
- Lactation Room
- Lactation Booth
- Lactation Zone
Each type includes specific requirements, such as an exclusive refrigerator for storing breast milk, adequate ventilation, an ergonomic chair, shelving, and access to nearby restrooms. In addition, all spaces must comply with principles of privacy, accessibility, and daily cleaning.
One of the main innovations is the possibility of fulfilling the requirement set forth in Article 100 of the Labor Code through shared-use lactation rooms. Shopping malls, markets, terminals, or office buildings hosting multiple employers may designate a common area exclusively for breastfeeding employees. Exceptionally, outdoor work sites or those lacking sufficient space may comply by sharing a facility with adjacent workplaces located no more than 100 meters away.
The regulation also requires that the designated space be formally approved by the Ministry of Labor through an authorization process with the Occupational Health Council. To obtain approval, companies must submit a formal request, a sworn statement, and photographic evidence demonstrating compliance with all requirements.
It is expressly prohibited to establish lactation facilities within bathrooms, restrooms, storage rooms, or other similar locations.
Companies, institutions, or workplaces will have a maximum period of 12 months (until July 2, 2026) to comply with these provisions. Failure to do so may result in financial or administrative penalties, as applicable.
This regulation replaces the 2018 version, updating both the technical and legal conditions to safeguard the right to breastfeed as part of workers’ labor and health rights, and in line with the best interests of the child.
If you have questions regarding the implementation of this new regulation, we are available to provide legal advice. Contact us.
