As informed in previous communications, the Ministry of Labor's Decree No.41080, published in the Official Gazette on May 4, 2018, set forth new conditions for breastfeeding facilities at the workplace. The Decree outlined the minimum conditions necessary to allow mothers, during work or intervals of time, to breastfeed their children safely and extract and store breast milk without risk of contamination. The new regulations on breastfeeding facilities are for companies with 30 or more female employees.

Bear in mind that the deadline to comply with the new requirements is May 4, 2019.

The Ministry of Health may apply the sanitary measures provided in the General Health Law, if the employer fails to comply with the regulations; additionally, the Labor authorities, according to the Labor Code, may fine the employer with fines from one (1) to twenty-three (23) base salaries of an Office Worker 1 (₡323.028.23 - approximately USD$565), depending on the severity of the fault.

The Employment, Labor and Human Resources Practice of Dentons Muñoz Costa Rica offers legal advice relating to:

• Legislation review to determine compliance with current labor regulations related to breastfeeding facilities.
• Legal opinions in reference to employment matters.
• Practical and strategic tips to prevent future legal issues.

To obtain legal advice on Costa Rican Labor and Employment Law, please do not hesitate to contact us.