Costa Rica: Reform to the Labor Code on Breastfeeding Rights (File No. 24.481)

File No. 24.481, which amends Articles 95 and 97 of the Labor Code, has been published in the Official Gazette (La Gaceta) and entered into force immediately as of April 24, 2026.

This reform introduces relevant changes to the breastfeeding regime applicable to labor relationships, which are mandatory as of its entry into force.

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 allocated will be 25 minutes every 3 hours, which constitutes 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 specific 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.
  • Breastfeeding during overtime: Women in the breastfeeding stage are entitled to 15 minutes every 3 hours during overtime for the purpose of feeding their children.

Recommendations for Employers

Given that the law is already in force, employers should immediately take the necessary measures to ensure compliance, including:

  • Reviewing and updating internal breastfeeding policies.
  • Establishing or adapting spaces for breastfeeding and milk expression.
  • Implementing adjustments in workday management to incorporate the corresponding paid breaks.
  • Training personnel, especially human resources teams and middle management, on the scope and application of the reform.

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