Countries › Costa Rica › Guide › 7. Labor and employment › Maternity, paternity and family leave in Costa Rica: four months of maternity leave paid half by the CCSS, eight paternity days and pregnancy dismissal protection

Maternity, paternity and family leave in Costa Rica: four months of maternity leave paid half by the CCSS, eight paternity days and pregnancy dismissal protection

Last verified: 2026-10-29 · Status: Changing

A pregnant worker in Costa Rica takes four months of paid maternity leave, one month before and three after birth, paid in equal parts by the CCSS and the employer, with contributions continuing on the full salary. Fathers take two days a week during the first four weeks after birth, adoptive parents three months, and since 2025 the Sala Constitucional extends paternity leave to the non gestating mother. Pregnant and breastfeeding workers can be dismissed only for serious misconduct proven before the labour inspectorate, and breastfeeding mothers have one paid hour a day.

USD figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), rounded to the cent. Fines use the 2026 salario base of ₡462,200 (Circular 246-2025 of the Consejo Superior del Poder Judicial, under Ley 7337 art. 2).

Key facts

Maternity leave (one month before and three after birth)	4 monthsCódigo de Trabajo art. 95, as of 2026-10-29 · in force
Share of maternity pay paid by the employer	50 %Código de Trabajo art. 95, as of 2026-10-29 · in force
Paternity leave (two days a week for four weeks)	8 daysCódigo de Trabajo art. 95(b), as of 2026-10-29 · in force
Adoption leave	3 monthsCódigo de Trabajo art. 95(a), as of 2026-10-29 · in force

The rule

1. A pregnant worker has compulsory paid maternity leave for the month before and the three months after birth; the first year of the child's life is the minimum breastfeeding period, extendable every three months by medical prescription. The leave is paid at her salary, half by the CCSS and half by the employer, and employer and worker keep paying CCSS contributions on the full salary.
Cost to do it: Employer share: 50% of salary during four months, plus employer CCSS charges on 100%.
Example: Salary ₡1,500,000: employer pays ₡750,000 a month, ₡3,000,000 over the four months. / About US$1,649.00 a month, US$6,596.02 in total.Ley 2, Código de Trabajo, as reformed by Ley 10211 and Ley 10895, art. 95, 2026-04-07 official text · verified 2026-10-29 · changed: Ley 10895 of 7 April 2026 allowed breastfeeding certificates from any public or private doctor and confirmed that interim status does not affect the leave.

2. To receive the leave the worker gives the employer a medical certificate stating that birth is likely within five weeks; the employer acknowledges receipt.Ley 2, Código de Trabajo, art. 95, 2022-05-05 official text · verified 2026-10-29

3. Adoption: three months of paid leave for an individual adopter, or three months divided between joint adopters, from delivery of the child or the final adoption ruling.Ley 2, Código de Trabajo, as reformed by Ley 10545, art. 95(a), 2024-10-16 official text · verified 2026-10-29

4. Biological fathers have paternity leave of two days a week during the first four weeks after birth; an employer that denies it commits a serious breach and owes all labour benefits plus six salaries. By ruling 2790 of 29 January 2025 the Sala Constitucional held that the leave also applies to the non gestating mother in a two mother family.
Example: Eight working days of leave; denial costs six monthly salaries on top of severance, ₡9,000,000 at ₡1,500,000 a month. / About US$19,788.05.Ley 2, Código de Trabajo, art. 95(b), 2025-01-29 official text · verified 2026-10-29

5. If the mother dies in childbirth or within three months, the father or the person taking care of the child receives special paid leave until the end of the third month after birth.Ley 2, Código de Trabajo, as reformed by Ley 10397, art. 95(c), 2023-11-14 official text · verified 2026-10-29

6. Employers may not dismiss workers who are pregnant or breastfeeding, or on art. 95 leave, except for serious misconduct under art. 81, and then only after obtaining authorisation from the Dirección Nacional e Inspección General de Trabajo in a summary procedure. The worker must notify the pregnancy and may provide a medical or CCSS certificate, with up to one paid day to obtain it.Ley 2, Código de Trabajo, as reformed by Ley 10211, art. 94, 2022-05-05 official text · verified 2026-10-29

7. A breastfeeding mother has one paid hour a day to feed her baby, taken as fifteen minutes every two hours, thirty minutes twice a day, or arriving an hour later or leaving an hour earlier; one hour per child, plus fifteen minutes every three hours of overtime.Ley 2, Código de Trabajo, as reformed by Ley 10895, art. 97, 2026-04-07 official text · verified 2026-10-29 · changed: Ley 10895 of 7 April 2026 rewrote the breastfeeding break options.

8. After leave, the worker returns to her post, and only in justified exceptional cases to an equivalent post in pay; for a non intentional miscarriage or non viable premature birth the paid leave is halved.Ley 2, Código de Trabajo, as reformed by Ley 10211, art. 96, 2022-05-05 official text · verified 2026-10-29

Worked example

For a worker on ₡1,500,000 a month (US$3,298.01), the CCSS pays ₡750,000 and the employer ₡750,000 each month of the four month leave, and both continue CCSS contributions on ₡1,500,000.

Step by step

On notice of pregnancy, record the date and offer the paid day to obtain the certificate.
Receive the five week medical certificate and acknowledge it.
Process the CCSS maternity subsidy and pay the employer half.
Grant paternity leave as two days a week for four weeks.
Before any disciplinary dismissal of a protected worker, file the request with the labour inspectorate.

Common traps

Dismissing a pregnant or breastfeeding worker without inspectorate authorisation exposes the employer to reinstatement claims.
Breastfeeding protection runs at least one year and can be extended by medical certificate.
Denying paternity leave costs six salaries on top of the other labour benefits.

Sources

← Aguinaldo, vacations and public holidays in Costa Rica: a thirteenth month paid by 20 December, two weeks of vacation and nine paid holidaysTermination and severance in Costa Rica: notice up to one month, cesantía of 19.5 to 22 days a year capped at eight years, and the dismissal letter →

Get rule changes weekly

Free. One email a week from The LatAm Thread.

One more step after you press the button: we take you to Substack, where your email is already filled in. Confirm there to start. No spam, unsubscribe anytime, we never share your address. By subscribing you agree to the privacy policy.