The Labor Code of Costa Rica sets forth all the laws which govern the Employer-Employee relationship. Article 94 of the Labor Code provides specific rights to pregnant employees. The law establishes a mandatory maternity leave for the pregnant employee. The Employer must provide maternity leave of one (1) month prior to the birth of the child and three (3) months post delivery of the child. During this time frame the employee is entitled to receive 100% of her salary which is paid 50% by the Employer and the balance is paid by the Costa Rican Social Security Administration (CCSS).
The pregnant Employee should notify the Employer as soon as possible and provide a medical certification issued by the CCSS to the Employer. If an Employee is pregnant the Employer may not terminate the Employee without legal justification to do so. Even if the Employer has cause to terminate the pregnant Employee they must apply for permission to do so before the Ministry of Work and Social Security (MTSS).