COVID-19 (Coronavirus) – Employer FAQs

Given COVID-19's rapid spread and implications, employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, privacy of employees' health information, compensation, and other employment issues. The following Frequently Asked Questions (FAQs) are designed to address some of the more common questions that employers with operations in Costa Rica currently face. Employers are also encouraged to consult relevant guidance and FAQs put forth by the World Health Organization (WHO) and the Costa Rican government.

TRAVEL RESTRICTIONS

1. Should an employer restrict travel to all "affected areas" where there have been confirmed cases of COVID-19 infections, as reported by the World Health Organization (WHO)?

   An employer may restrict business travel for business reasons and to protect the health of employees in the workplace. Neither the Ministry of Health nor the Ministry of Foreign Relations has issued formal travel restrictions. They recommend, however, postponing travel to China, Hong Kong, South Korea, Japan, Italy, Iran and Singapore. Employers should consult the Ministry of Health webpage for updated information.

2. What should an employer do if an employee shares that they plan to travel to an affected area?

   While action is not mandatory, employers should restrict non-essential travel to the countries that have been designated as "high risk." The employer cannot restrict personal travel, but can deny employees' vacation requests. Restrictions on employees upon their return to Costa Rica should be analyzed on a case-by-case basis and cannot affect the employee's salary in any way.

3. How should an employer handle employees who have family members who have traveled to affected areas?

   Employers may ask employees to report whether they or anyone in their household or with whom they have close contact have traveled to high-risk areas or been diagnosed with COVID-19, to determine if an exposure has occurred, which can pose a direct threat to the health and safety of the workforce. The Ministry of Health advises that individuals who are developing symptoms of infection seek immediate medical attention.

4. Can we prevent employees from traveling to affected areas for personal reasons?

   See answer to Question #2.

   DISABILITY LAW

5. Can employers take the temperature of employees who are coming to work?

   It is possible to implement mandatory temperature tests for company employees, since according to the...