Official Vacation days and Holidays in Costa Rica

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Paid or paid double

Mandatory holidays must be paid double if worked. Non-mandatory holidays are paid at the normal rate if worked on a weekly basis, but if payment is monthly or biweekly, one day’s pay must be added to complete the double payment.

• Not Mandatory: If the date falls on a weekday, Costa Rican workers receive a paid day off. No worker is obliged to work on these holidays; they may only do so if they agree. If a worker refuses to work on these holidays, they cannot be penalized for that reason.
• National holidays: Non-essential businesses will be closed, and this is a paid holiday for workers in Costa Rica. A worker who is required to work on a National Holiday must, by law, be paid double wages. Be aware that Maundy Thursday and Good Friday are also mandatory holidays.

Is the employee obliged to work on a holiday?

All workers are entitled to enjoy holidays, regardless of whether wages are paid monthly, fortnightly, or weekly. In principle, it is forbidden to require employees to work on holidays. No matter whether the payment is mandatory or not.

What happens if an employee does not work on the holiday?

If the salary is paid weekly, only the mandatory holidays have to be paid. Non-mandatory holidays are unpaid unless the employee works.

If the payment is monthly or bimonthly, you must pay for all the holidays. No matter if those holidays are mandatory or not. For this reason, when the holidays are not worked, the employer is not required to pay the worker any additional sum.

How many days of vacation?

Every working person is entitled to two weeks of vacation equal to twelve days plus two days of rest at least every fifty weeks of continuous work, serving the same person or employer. This is regardless of the working week being eight hours, six hours, a half day, an hour a day, or several days a week.

More about employees’ vacations and holidays

How to calculate the payment for vacation?

The vacation is calculated based on the average of ordinary and extraordinary wages received in the last week for agricultural work. Or during the last fifty weeks in any other activities, counted from the moment that the worker acquires the right to have holidays. The payment amount will also depend on the payment method.

• Weekly pay: you must pay twelve (12) days a year because the day of rest is not paid in this salary. The calculation is done by taking the weekly salary divided by 6 and multiplying the result by 12.
• Monthly or fortnightly: you must pay fourteen (14) days since the payment includes two days off per week. The calculation is done by taking the monthly salary divided by 30 and multiplying the result by 14.
• In the case of commercial/business activities, even if the form of payment is weekly, for the purposes of the following formula, take the weekly salary divided by 7 and multiply the result by 14.

Should the vacation be taken without interruption?

Employees should have no interruption of their vacation period. The vacations can be divided into two parts:

• When the employer and the employee both agree.
• Provided that the nature of work does not permit a very prolonged absence of the employee.

Who has the authority to set a vacation date?

The employer shall indicate the period during which the worker can enjoy the vacation. This must be done at least 15 weeks before the day the employees have worked for the first 50 weeks of continuous service (11.5 months). And trying not to alter the smooth running of your workplace or the effectiveness of rest.

Can you compensate for the vacation?

Employers cannot compensate for vacation days except:

1. At the end of the employment relationship.
2. When the work is casual or piecework.
3. When, for some justified reason, the worker has not enjoyed their vacation. The employee may agree with the employer to pay the excess of the minimum of two weeks’ vacation for every fifty weeks. If not exceeding the equivalent of three cumulative periods. This compensation may not be granted if the worker has received this benefit in the previous two years.

Can the employee accumulate vacation time?

Employees are prohibited from accumulating holidays, except when performing technical work, management, or trust or similar duties. This makes it difficult, especially for the replacement. Or when the family residence is situated in a province other than the place where it provides services.

Do we need written evidence of vacation days taken?

Yes, we do. At the request of the employer or the employee, the agreed vacation dates and accumulations must be documented in writing. If not in a written record, it is presumed until proven otherwise that the vacation has not been given.

How many vacation days does an employee have before the fifty weeks?

Can an employer give notice during the vacation period?

Do employees who practice a religion other than Catholicism have additional rights?

What happens if the employee has a different religion from the one the holiday is celebrating?

Can a disability affect the enjoyment of a vacation?