The Official Gazette of Costa Rica has published Law 10589, titled the “Law to Create Paid Bereavement Leave for Workers to Protect the Right to Mourn“, which introduces subsection (l) to Article 69 of the Labor Code.
This new subsection (l) establishes the right to paid bereavement leave for the death of family members as follows:
Three (3) working days for the death of immediate family members (first-degree relatives):
- Parents
- Spouses
- Children
- Parents-in-law
- Sons-in-law and daughters-in-law
In the case of common-law unions, the employee must provide a sworn statement affirming a cohabitation period of at least two years with the legal capacity to marry. For adoption cases, the employee must present documentation of the administrative or judicial ruling, or a final court decision, proving effective cohabitation with the minor for the purpose of adoption or formal adoption.
One (1) working day for the death of extended family members in the second or third degree of consanguinity or affinity:
Second-degree relatives:
Grandparents
Siblings
Brothers-in-law and sisters-in-law
Grandchildren
Third-degree relatives:
Great-grandparents
Great-grandchildren
Uncles and aunts (by blood or marriage)
Nephews and nieces (by blood or marriage)
Important Considerations:
This law sets a minimum standard for all businesses in the country, regardless of their nature. Companies that already provide more generous bereavement leave—through internal regulations, collective agreements, direct arrangements, customary practices, or other means—must honor those terms.
However, the benefit established by this law does not add to existing company policies. For example, if a collective agreement already grants one day of bereavement leave, the total leave will be adjusted to three days as mandated by this law, rather than adding an extra three days to the previously established benefit.
For clarity and to avoid future misunderstandings, it is advisable for companies to develop a clear bereavement leave policy in consultation with a labor law expert.
For more information or inquiries, please contact us at info@central-law.com
Delmer Sambrano
Senior Associate
Honduras
