In response to the amendment of articles 94, 94 BIS, 95, 96, 97, 100 and the addition of subsection K) to article 70 of the Labor Code regarding the granting of the three types of Special Leaves of Absence, the CCSS has issued guidelines for these furloughs, which are detailed below:
1. Leave of Absence for Adoption:
In the case of adoption by an individual, an adoptive leave of absence will start the day immediately following the date that the adoptive parent receives the child. In the case of Joint Adoption, at least one of the two adoptive parents that are granted a leave must start the period immediately upon adoption. In either case, the adoption furlough ends in three months.
- Individual Adoption: The adopting party is entitled to a three-month leave.
- Joint Adoption: The adopting parties will either share or alternate the three-month leave by mutual consent, indicating by formal request the period each of them will invoke with both licenses issued at the time of the request, regardless of when either party begins the adoption.
Requirements to present to the employer:
- The interested parties must present a certificate issued by the National Children’s Institute (PANI), the corresponding Family Court, or a notary public, attesting to the favorable resolution of adoption proceedings.
- The back of the leave of absence certificate must bear the inscription of “Individual Adoption” or “Joint Adoption” (as appropriate), and the name, surnames, and identification of the adopted child.
2. Paternity Leave:
- The child’s biological father must be verified and registered before the Supreme Court of Elections.
- The father must submit a sworn formal request in writing indicating that he is the biological father of the child and the dates on which he will use the paternity leave (2 days a week during the first four weeks after childbirth).
- Leave orders will be issued for the eight dates at once, at a rate of a maximum of 2 days (continuous or discontinuous) per week.
- The back of the leave of absence certificate shall read “Paternity Leave,” and include the child’s name, surnames, and identification.
3. Leave for Maternal Death:
If the mother should die during maternity leave, the biological father or the person who assumes responsibility for the child shall be entitled to use the remaining period of such leave.
Requirements to be submitted to the employer:
- Certification issued by the PANI stating that the employee is the person who will assume responsibility for the child, and the date from which such care begins.
- The leave will begin on the date that the PANI indicates in the certification and will last for the remaining period of the maternity leave issued to the mother.
- The back of the disability order shall read “Maternal Death Leave,” and include the name, surname, and identification of the deceased.
Employers should keep a physical or digital file of the requests and requirements provided by the employees for such matters.