Costa Rica Strengthens Breastfeeding Rights at Work
Paola Rojas Segura, Associate at ARIAS Costa Rica and a specialist in Labor and Employment Law, presents this article on the recent amendment to the Labor Code concerning new employer obligations related to the protection, promotion, and support of breastfeeding.
On April 7, 2026, Law No. 10895, the "Law to Protect, Promote, and Support Breastfeeding,” was enacted. This legislation significantly modifies employers’ obligations regarding the administration of breastfeeding breaks and the physical conditions of spaces designated for employees during the breastfeeding period.
Among the amendments introduced, one of the most relevant relates to breastfeeding leave. While the law maintains the basic right to one paid hour per workday during the ordinary working schedule to breastfeed a child, the new provisions substantially expand this benefit.
The legislation now contemplates specific scenarios, such as multiple births, establishing an additional hour for each breastfeeding child. Likewise, adoptive mothers are now granted the same benefit to facilitate the lactation induction process, requiring only the submission of a specialized medical certification.
Another significant amendment concerns breastfeeding time when the regular work schedule is extended. The law establishes that, if an employee works overtime, she must be granted an additional 15 minutes for every three overtime hours worked. This benefit is independent from the one-hour breastfeeding period granted during the ordinary workday.
Additionally, the incorporation of Article 97 bis creates a separate and autonomous right related to time allocated for breast milk expression. Under this new provision, employers are required to grant a minimum of 25 minutes for every three hours worked for this purpose. The law expressly states that this period must be considered effective working time and, therefore, paid time. However, it also clarifies that, under no circumstances, may this time be accumulated to shorten the workday or used for purposes other than milk expression.
In light of these new provisions, companies should act proactively to incorporate these changes without affecting operational continuity. My recommendation would be to begin with an audit and update of the organization’s internal policies, ensuring that these mandatory breaks are formally integrated into the corporate structure. Failure to update these internal instruments in a timely manner could expose companies to legal contingencies and administrative claims before labor inspection authorities.
The successful implementation of this law will largely depend on organizational culture. Therefore, it is advisable to design training programs aimed at middle management, supervisors, and leadership teams to ensure they fully understand the scope of these mandatory breaks and can properly plan operations and service delivery around these new obligations.
From a practical standpoint, this often translates into improved internal coordination, reduced risk of labor disputes, and a more structured implementation of the new provisions. In addition, this preparation may help prevent conduct that could eventually be interpreted as harassment or discrimination, while strengthening a respectful workplace aligned with appropriate standards of compliance and corporate responsibility.
On April 7, 2026, Law No. 10895, the "Law to Protect, Promote, and Support Breastfeeding,” was enacted. This legislation significantly modifies employers’ obligations regarding the administration of breastfeeding breaks and the physical conditions of spaces designated for employees during the breastfeeding period.
Among the amendments introduced, one of the most relevant relates to breastfeeding leave. While the law maintains the basic right to one paid hour per workday during the ordinary working schedule to breastfeed a child, the new provisions substantially expand this benefit.
The legislation now contemplates specific scenarios, such as multiple births, establishing an additional hour for each breastfeeding child. Likewise, adoptive mothers are now granted the same benefit to facilitate the lactation induction process, requiring only the submission of a specialized medical certification.
Another significant amendment concerns breastfeeding time when the regular work schedule is extended. The law establishes that, if an employee works overtime, she must be granted an additional 15 minutes for every three overtime hours worked. This benefit is independent from the one-hour breastfeeding period granted during the ordinary workday.
Additionally, the incorporation of Article 97 bis creates a separate and autonomous right related to time allocated for breast milk expression. Under this new provision, employers are required to grant a minimum of 25 minutes for every three hours worked for this purpose. The law expressly states that this period must be considered effective working time and, therefore, paid time. However, it also clarifies that, under no circumstances, may this time be accumulated to shorten the workday or used for purposes other than milk expression.
In light of these new provisions, companies should act proactively to incorporate these changes without affecting operational continuity. My recommendation would be to begin with an audit and update of the organization’s internal policies, ensuring that these mandatory breaks are formally integrated into the corporate structure. Failure to update these internal instruments in a timely manner could expose companies to legal contingencies and administrative claims before labor inspection authorities.
The successful implementation of this law will largely depend on organizational culture. Therefore, it is advisable to design training programs aimed at middle management, supervisors, and leadership teams to ensure they fully understand the scope of these mandatory breaks and can properly plan operations and service delivery around these new obligations.
From a practical standpoint, this often translates into improved internal coordination, reduced risk of labor disputes, and a more structured implementation of the new provisions. In addition, this preparation may help prevent conduct that could eventually be interpreted as harassment or discrimination, while strengthening a respectful workplace aligned with appropriate standards of compliance and corporate responsibility.