Constitutional Court Rules in Favor of Teacher Denied Paternity Leave in Same-Sex Marriage
A landmark decision by Costa Rica's Constitutional Court addresses the denial of paternity leave to a same-sex couple following the birth of their child.
The Constitutional Court of Costa Rica has ruled in favor of a teacher who was denied paternity leave by the Ministry of Education (MEP) following the birth of her child with her same-sex spouse.
The ruling, issued in October 2024, stemmed from a case involving a Spanish teacher at the National Distance Education College (Coned), where she is recognized as legally married to her spouse through the Civil Registry under the Supreme Elections Tribunal.
The couple, who opted for in vitro fertilization to conceive, welcomed a premature baby on June 28, 2024. Prior to the birth, the teacher sought clarification on the process for obtaining paternity leave from the MEP’s Licenses Unit.
According to the Collective Bargaining Agreement between the MEP and educators’ unions, eligible educators are entitled to one month of paid paternity leave.
On June 12, 2024, the Licenses Unit informed the teacher that she was required to complete a form and submit the birth certificate, in accordance with Article 63 of the Collective Bargaining Agreement, which stipulated eligibility for “paternity leave.” However, on July 15, the Licenses Unit responded that the leave was only applicable to fathers and not to same-sex couples.
The Directorate of Human Talent Management at the MEP contended that no existing regulations supported the teacher’s request for paternity leave.
Additionally, they claimed that it was the responsibility of the Labor Relations Joint Committee between the MEP and the unions to make decisions regarding parental leave for same-sex couples.
The court noted that the MEP did not consult the Joint Committee about this specific case, despite having addressed similar situations in the past.
The judges expressed that the MEP had failed to exhaust available avenues to assess the teacher's request for leave, thereby hindering her ability to care for her newborn.
Following the court’s intervention and the expansion of the amparo appeal to include the Joint Committee and its presidency, the Committee agreed in October 2024 to extend the application of paternity leave to same-sex couples.
The Committee recognized that the changes in family law permitting the registration of same-sex marriages create an entitlement to parental leave.
In its decision, the Constitutional Court affirmed the legitimacy of the teacher’s claim and condemned the state to compensate for legal costs, damages, and any harm inflicted as a result of the MEP’s actions.
The ruling, issued in October 2024, stemmed from a case involving a Spanish teacher at the National Distance Education College (Coned), where she is recognized as legally married to her spouse through the Civil Registry under the Supreme Elections Tribunal.
The couple, who opted for in vitro fertilization to conceive, welcomed a premature baby on June 28, 2024. Prior to the birth, the teacher sought clarification on the process for obtaining paternity leave from the MEP’s Licenses Unit.
According to the Collective Bargaining Agreement between the MEP and educators’ unions, eligible educators are entitled to one month of paid paternity leave.
On June 12, 2024, the Licenses Unit informed the teacher that she was required to complete a form and submit the birth certificate, in accordance with Article 63 of the Collective Bargaining Agreement, which stipulated eligibility for “paternity leave.” However, on July 15, the Licenses Unit responded that the leave was only applicable to fathers and not to same-sex couples.
The Directorate of Human Talent Management at the MEP contended that no existing regulations supported the teacher’s request for paternity leave.
Additionally, they claimed that it was the responsibility of the Labor Relations Joint Committee between the MEP and the unions to make decisions regarding parental leave for same-sex couples.
The court noted that the MEP did not consult the Joint Committee about this specific case, despite having addressed similar situations in the past.
The judges expressed that the MEP had failed to exhaust available avenues to assess the teacher's request for leave, thereby hindering her ability to care for her newborn.
Following the court’s intervention and the expansion of the amparo appeal to include the Joint Committee and its presidency, the Committee agreed in October 2024 to extend the application of paternity leave to same-sex couples.
The Committee recognized that the changes in family law permitting the registration of same-sex marriages create an entitlement to parental leave.
In its decision, the Constitutional Court affirmed the legitimacy of the teacher’s claim and condemned the state to compensate for legal costs, damages, and any harm inflicted as a result of the MEP’s actions.
