UNFAIR DISMISSAL OF BREAST-

FEEDING WOMEN

In Costa Rica, women are entitled to special protection by the State, as stated in the Constitution, Article 51: "the family as the natural and fundamental element of society, is entitled to special state protection. It shall also be entitled to that enjoyed by mothers, children, the elderly and the sick and destitute "

1943

Before After

Articles allowed only 8 weeks.

Payment of the disability would only that married women enjoyed.

Women who take maternity leave was entitled only to 50% of their income.

We have a maternity leave of four months.

Makes no distinction between married and unmarried women.

The truth is that it protects all women equally.

The employer covers 50% and the CCSS covers the other.

Today, our system has the Labour Code, The Convention on the Elimination of All Forms of Discrimination against Women, ratified by law No. 6968 of October 1984 and the Act on Promotion of Equality of Women (Law No. 7142 March 8, 1990), among others.

Summary and analysis of Judgments

Mrs. Sol Carballo Bolaños labored for the Ministry of Culture, Youth and Sports.

Was working as a dancer in the ministry since February 1997.

In 2004, pregnant and took maternity leave, returns to the Ministry and request permission to breastfeed her baby.

Dismissed without liability for the employer during the period when she was breastfeeding.

Employer Argues

Argues that the dismissal has nothing to do with who was breastfeeding.

States it was because the lady did not show up for work three days.

Causal failing under the Labour Code, Article 81, paragraph g).

Article 81, paragraph g

To be a justified dismissal, it must be an immediate and direct consequence of serious misconduct or sufficient incurred by the worker.

"When she/he ceases to attend work without permission of the employer, without cause for two consecutive days or for more than two alternate days within the same calendar month"

Also was added that Mrs. employer presented medical certificates stating that indeed she is breastfeeding, but the delivery to the 21 and 22 December the same year. And nursing license does not relieve the worker to be absent for three days.

Employee Argues

Mrs. Sol Carballo argues that she was not given "due process" as befits any public sector worker, and asked to cancel all work and it ends reinstated in her post.

Conclusion

The Labour Court of the Second Judicial Circuit of San José welcomes the request in part, arguing that the dismissal was indeed illegal.

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