Costa Rica: Reform to the Labor Code on Breastfeeding Rights

The Legislative Assembly approved in second debate file No. 24.481, which reforms articles 95 and 97 of the Labor Code, introducing relevant changes to the breastfeeding regime applicable to labor relations.

Key Changes in Labor Matters

  • Expression of milk: The right to express breast milk during the workday is expressly incorporated, equating it to the right to breastfeed. The time allotted will be 25 minutes every 3 hours. This is the main novelty of the reform.
  • Mandatory paid breaks: Time allocated for breastfeeding and milk expression must be granted during the workday and will be considered effective working time, without salary reduction.
  • Adaptation of spaces: The employer’s obligation to provide adequate spaces is reinforced, now including conditions for the expression of breast milk.
  • Operational flexibility: The enjoyment of this right may be organized in different ways within the workday, requiring adjustments according to each employer’s operations.

Recommendations for Employers

Employers are encouraged to review and update their internal breastfeeding policies, define and implement adequate spaces for both breastfeeding and milk expression, and adjust workday management to incorporate the corresponding paid breaks.

Additionally, companies should train staff—including human resources teams and middle management—on the scope and application of these new reforms.

For more information, please contact us at
[email protected].