Breastfeeding at Work

Breastfeeding is a fundamental right that applies to mothers during the breastfeeding period. This right is recognized by multiple regulations at both international and national levels, acknowledging its benefits for the development and health of children and mothers. In Costa Rica, this right was strengthened by the 2020 amendments to the Labor Code, providing greater protection and ensuring that mothers can breastfeed their children without facing discrimination or barriers in the workplace. This recognition underscores the importance of fostering a bond between mother and the child during the early months of life.

According to the Licda. Iris Arias Angulo, Executive President of PANI, “Breastfeeding offers a crucial moment of bonding and interaction; eye contact, physical closeness, and movement are fundamental aspects in the formation of an individual. This bond extends beyond physical aspects, as the mother´s positive energy and the nurturing essence (love) are perceived through senses like smell, body warmth, movements, lullabies, sight, caresses, hugs, gentleness, suckling, smiles, cries, hearing, closeness, security, and trust. This foundational relationship builds identity, confidence, and the zest for life.”

The breastfeeding period can be divided into two main stages. The first covers the first three months after childbirth, a minimum legal phase that includes maternity leave. The second stage begins when the mother returns to work, where two distinct periods are identified: breastfeeding time and breast milk extraction time.

It is important to clarify that these are two separate breaks. There is a misconception that the time for breastfeeding includes the time for milk extraction, but this is not the case. Both are necessary physiologically; neglecting time for milk extraction could potentially lead to health issues for the mother.

As a result of the amendments in 2022, specifically in article 94 and subsequent articles of the Labor Code, specific times for breastfeeding breaks are outlined. These breaks can be distributed in various ways: fifteen minutes every three hours, half an hour twice a day, or one full hour at the beginning or end of the workday. Additionally, arrangements can be made based on medical prescriptions.

Furthermore, the amended Labor Code mandates that employers grant paid leave to mothers to obtain necessary certificates and documentation proving continued breastfeeding.

The new regulation also requires employers to provide adequate space with hygiene, storage, and privacy for milk extraction and feeding within company facilities if necessary, irrespective of the number of breastfeeding mothers, a novel provision.

It is crucial to emphasize that breastfeeding mothers are protected workers, safeguarded against dismissal except for justifiable cause and following a special procedure overseen by the Ministry of Labor.

Enhancing the right to breastfeed is vital for fostering an inclusive and supportive work environment. It is essential that both employers and employees are well-informed about these rights and the corresponding obligations.

We trust this information is helpful and remain available for any further clarification you may need.

Marcela Acosta V
Partner and Founder
mav@quatro.legal

Monserrath Serrano
Legal Assistant
mso@quatro.legal

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.