Since July 2, 2025, the Regulation on Conditions for Breastfeeding Spaces in Workplaces, publication in Scope No. 81 of La Gaceta No. 121.

This regulation applies to public and private entities with at least one breastfeeding employee. It seeks to guarantee adequate, hygienic, and safe environments for mothers to breastfeed or express milk during the workday, protecting the health and well-being of mothers and children.

Types of Permitted Spaces:

Depending on the characteristics of the workplace, employers must provide one of the following spaces:

i. Breastfeeding room

ii. Breastfeeding cabin

iii. Breastfeeding area

Each option must meet specific conditions, such as:

i. Exclusive refrigerator for breast milk

ii. Adequate ventilation

iii. Ergonomic furniture

iv. Private, accessible, and optimally clean spaces

v. Proximity to bathrooms

Important: Installing breastfeeding areas inside bathrooms, storage rooms, or other unsuitable spaces is prohibited.

Shared use of Spaces:

As a new development, shopping centers, corporate buildings, terminals, and markets can implement shared lactation spaces, provided they are exclusively for breastfeeding employees. Shared use is also authorized between neighboring companies located no more than 100 meters apart, in the case of outdoor workplaces or those with limited space.

Procedure and Deadline:

The spaces must have official approval from the Ministry of Labor, through the submission of:

i. Formal application

ii. Affidavit

iii. Photographic evidence

Companies must adapt their facilities by July 2, 2026. Failure to comply may result in financial penalties or health measures.

This new regulation repeals the previous 2018 regulation, incorporates improvements to technical standards, and reaffirms the country's commitment to promoting breastfeeding as a labor and health right.

Legal Reference:

Link: https://www.imprentanacional.go.cr/pub/2025/07/02/ALCA81_02_07_2025.pdf

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