Jun 29, 2026
By Kimberly Esquivel
A common situation in Costa Rican labor practice occurs when a person is hired and, a few days after starting work, submits medical leave. This may create operational disruption, replacement costs, delays in onboarding, and questions about the selection process.
Even so, that risk is not mitigated by freely asking about illnesses, medical diagnoses, treatments, previous medical leaves, or personal conditions. This type of information may be protected under labor regulations and Costa Rican personal data protection legislation.
During a job interview, it is advisable to avoid questions such as:
Do you have any illness?
Do you frequently take medical leave?
What medications do you take?
Have you had any recent surgeries?
Do you have any medical diagnosis?
Are you pregnant?
Have you had previous medical leaves?
Do you have any condition that could affect your attendance?
Do you have debts or credit problems?
These questions may take the selection process into sensitive territory and create legal contingencies. In Costa Rica, the Labor Code prohibits discrimination in employment and provides protection against decisions based on non-objective reasons or reasons unrelated to the position. In addition, Law No. 8968 protects the processing of personal data, including data related to health or other sensitive information. For this reason, recruitment should request only information that is necessary, proportionate, and directly related to the position.
Avoid asking | Better to ask |
Do you have any illness or medical diagnosis? | After reviewing the essential duties of the position, can you perform them with or without reasonable accommodations? |
Do you frequently take medical leave or have you had previous medical leaves? | Are you available to comply with the workday, schedule, and work arrangement indicated for the position? |
What medications do you take or what treatments are you receiving? | Is there any working condition of the position that you need clarified before continuing with the process? |
Are you pregnant or planning to become pregnant? | Are you available to meet the objective conditions of the position described in the job posting? |
Do you have debts or credit problems? | Only if justified by the position: do you authorize a proportionate verification related to the financial responsibilities of the role? |
The right approach is to focus recruitment on the objective ability to perform the position. The company may clearly define the essential duties, workday, schedule, availability, responsibilities, physical effort required, exposure to risks, use of tools, handling of money, or any other real condition of the role.
It may also ask whether the candidate can perform those essential duties, with or without reasonable accommodations when applicable, without requiring the person to disclose diagnoses, treatments, or private medical information. This way of asking makes it possible to assess suitability for the position without turning the interview into a health review.
Regarding the use of private databases, such as credit reports or risk tools, their use must be handled with particular care. They should not be used as a general filter for all candidates. They may be more justified only when there is a direct, objective, and proportionate relationship with the position, for example, roles related to treasury, handling funds, credit, collections, sensitive financial information, or fiduciary responsibilities.
Even in those cases, the company should have the candidate’s express and informed authorization, state the purpose of the inquiry, limit access to final stages of the process, retain only the necessary information, and avoid automatic decisions based on financial status.
Proper mitigation does not lie in invading the applicant’s privacy, but in professionalizing the hiring process:
Preventive measure | Objective |
Detailed job profile | Define essential duties, workday, responsibilities, and real working conditions. |
Structured interview | Ask the same work-related questions to all candidates. |
Technical or practical tests | Assess competencies directly related to the role. |
Reference checks | Confirm experience, performance, and prior work responsibility. |
Informed consent | Support any necessary and proportionate personal data inquiry. |
Documented onboarding | Explain attendance rules, medical leave communication, and internal policies. |
Objective initial evaluation | Measure performance based on results and not on personal conditions. |
If medical leave occurs after the contract has begun, the company must manage it in accordance with the applicable regulations and the procedures of the CCSS or the INS, as appropriate. Valid medical leave justifies the absence and must be handled as a documented health situation, not as a disciplinary offense by itself.
In addition, special care must be taken with any dismissal decision while the person is on medical leave or immediately after returning to work. Medical leave or a health condition should not be used as the real reason for dismissal. If the termination is linked to a discriminatory reason, the company may be exposed to labor claims, reinstatement, and other legal consequences.
This does not prevent the employer from organizing the process internally. It may request timely communication of the medical leave, receive the corresponding certificate, document absences, reorganize duties, and follow up on compliance with work obligations once the person returns.
In recruitment, a poor question can create more risk than the hiring itself. Proper prevention does not discriminate: it documents the position, assesses competencies, respects privacy, and leaves objective evidence of the decision made.
References
Office of the Attorney General of the Republic, Costa Rican Legal Information System. Labor Code, Law No. 2, articles 404 to 410 on the prohibition of discrimination in employment and protection against discriminatory acts.
Office of the Attorney General of the Republic, Costa Rican Legal Information System. Law No. 8968, Law on the Protection of Individuals with regard to the Processing of their Personal Data, and its regulations.
Office of the Attorney General of the Republic, Costa Rican Legal Information System. Law No. 7600, Law on Equal Opportunities for Persons with Disabilities.
Costa Rican Social Security Fund. Regulations for Granting Leave and Medical Incapacity to Health Insurance Beneficiaries, as applicable.