News

Given the current situation with the spread of the COVID-19 virus in our country, we allow ourselves to comply with the following regarding the management of personnel at this juncture:

Both the Ministry of Labor and Social Security (hereinafter MTSS) and the Costa Rican Social Security Fund (hereinafter CCSS) have reacted to this problem by offering the following recommendations and possible solutions to possible infections.

The MTSS, through its Criteria Unification Commission, issued the following recommendations to employers:

• Employers are authorized to grant advance vacation to their employees, even to those employees who have not reached 50 weeks of work.
• Preference is given to teleworking as regulated by Law No. 9738.
• Suspend employment contracts without prejudice to the employer or the worker, provided that the Ministry of Public Health recommends such suspension.

Also, on March 11^th, the CCSS issued a reform to the regulation of disabilities. This reform allows asymptomatic people to process a disability before the Costa Rican Social Security Fund in the following cases:

• People who already have the symptoms, for whom an ordinary disability would apply.
• Suspects of having the virus, to whom a period of isolation would be applied, in principle, of 14 days.
• Those who live with infected or suspected people.

The current situation demands the implementation of prevention measures and compliance with the recommendations of the health authorities. At the employer level, we consider it important to issue a circular with the hygiene measures to be followed, and even to provide the staff with the necessary implements to reduce the possibility of contagion. In addition, and whenever possible, to implement teleworking or to grant holidays to employees.

Reform to the Disability Regulations

“Article 10a. – “Disability due to coronavirus health alert “COVID-19.”

1. The concept of incapacity indicated in this article includes those cases that are in a condition of investigation or probable, that the insured may suffer from the disease “COVID-19” for the granting of the incapacity, by the treating health team, and must follow the following special provisions:
   1. This is an exceptional and temporary incapacity, the maximum period of which will be established in the health order.
   2. It shall be based on the health alert for home isolation issued by the competent authority of the Ministry of Health.
2. For the purpose of granting the disability, the health order may be submitted by the insured, relatives, interested person or by Ministry of Health officials, for the purpose of having the disability issued by the Fund’s treating physician in an expeditious manner.
3. The payment of the present incapacity is subject to the requirements and conditions established in the Health Regulations.

For cases already declared, its application will be retroactive to the issuance of the health order. This measure will be carried out for a reasonable period of time depending on the persistence of the health emergency in the country.

Article 2 of the Regulations for the Granting of Disabilities and Licenses to Health Insurance Beneficiaries was also amended to read as follows:

Article 2. Definitions.

“… in no case shall a healthy person be granted incapacity, even to care for a sick patient, except in cases where Article 10a of the Health Insurance Regulations remains in force”.

Carlos Gómez Fonseca
Partner
García & Bodán
Costa Rica