Costa Rican Deputies Modify Authorization on Paternity Leave When the Mother Dies at Childbirth

    Currently, it is only granted when the woman is an employee. The modification indicates that it should also be granted when the mother did not have a job at the time of her death

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    The week that ends, a bill advanced that seeks to grant paternity leave in those cases when the mother dies during childbirth or postpartum.The initiative obtained an affirmative opinion in the Youth, Childhood and Adolescence Commission and with this, it continues its process towards the Plenary where it would begin its voting in the first and second debate.

    This plan implies a modification in the Labor Code since there is currently a gap, since if the mother who dies is not a paid worker, she does not have maternity leave, which leaves the father without the possibility of obtaining that special leave. , as highlighted by the project in its explanatory statement.Currently, it is only granted in those cases where the mother is salaried and insured. Thus, it seeks to grant this benefit, regardless of whether the woman had a job or not at the time of death.

     “The reform that is proposed through this bill seeks to resolve this situation, providing that the license in the event of the mother’s death is also applicable in the event that the mother was not a beneficiary of the license,” the plan states.

    Thus, the wording would be as follows:

    “In the case of maternal death in childbirth, during the leave or during the first three months from the birth, whose child has survived, the biological father will be entitled to a special paid postpartum leave. This leave will be extended until the end of the third month from the birth.

    The father of the newborn boy or girl must agree to take care of the newborn person; In the absence of the father or if he does not agree to take care of the minor person, this special license will be granted to the worker who shows that he will take care of the newborn boy or girl.

    Parent or guardian

    The bill establishes that the National Children’s Board (PANI) must collaborate in expeditiously granting a certified resolution to the person who is going to take care of the minor.In this way, this license is granted to the father or to the person who takes care of the newborn, regardless of whether the mother was a worker at the time of her death.

    This initiative was presented after the case of a father who had obstacles to obtain a permit for three months, after the birth of his daughter and the death of his wife, occurred six days after the delivery.This is Dehivi Orozco who requested the license from the Costa Rican Social Security Fund (CCSS), an institution that denied it because his wife did not have a job at the time of giving birth.
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