Proyección de la estructura organizacional

Depending on the regime that covers them, sick leaves and disabilities are divided in two types—the ones granted by the Costa Rican Social Security (CCSS) and the ones granted by the National Insurance Institute (INS). The ones that are granted and paid by the CCSS are generally temporary and related to illnesses, pregnancies, and/or common ac- cidents. The ones paid by the INS generally derive from labor-related illnesses or acci- dents usually occurring at work.

● From one to three days of disability: The employer pays 50% of the salary and

CCSS makes no payment.

● _{From four days of disability and greater: The CCSS pays up to 60% of the av-}

erage income reported by the employer to such entity during the last three months prior to the disability, or of the salaries that were used as a base for the contribution to the CCSS (Article 36 of the Regulations for Health Insurance of the CCSS). From the fourth day on, the employer is not obligated to pay any- thing.

Article 19 of the Technical Rules for the Risks of Work Insurance controls disabilities granted by the INS. The main rules are as follows:

● Temporary disability: During temporary disability term, the worker has the

right to a subsidy equal to 60% of his or her daily average salary.5 This applies to the first 45 days of disability. After this term, the subsidy that is allocated to the worker will be equivalent to 100% of the minimum wage applicable at the time, plus 67% of the excess difference that results from the daily average salary and the minimum wage. The recognized wage subsidy will never be lower than the minimum wage, nor will it be greater than 100% of the worker’s daily salary.

● _{Minor permanent disability: The declaration of minor permanent disability es-}

tablishes for the worker the right to receive an annual revenue, payable in 12 in- stallments, for a term of five years, which will be calculated by applying the fixed percentage of loss of general physical or mental capacities (in accordance with the terms of the Article 224 of the Labor Code) to the average annual salary

determined in accordance with Article 235 of the Labor Code.

● _{Partial permanent disability: The declaration of partial permanent disability}

grants the worker the right to receive an annual revenue, payable in 12 install- ments per year, for a term of ten years. This revenue is equivalent to 67% of the average annual salary.

The above-mentioned term may be extended for successive terms of five years, if by technical means6 it is demonstrated that the beneficiary: (1) is more than 40 years old; (2) depends exclusively on the revenue for his or her subsistence; and (3) has not received any other income during the last year.

Since July 1, 2005, the minimum monthly revenue corresponding to this kind of disability is Costa Rican Colones (CRC) 64,352.

● _{Total permanent disability: The declaration of total permanent disability grants}

the worker the right to receive a revenue for life, payable in 12 installments per year. This revenue is equivalent to 100% of the applicable minimum yearly sala-

5 _{The daily average salary is the result of adding the salaries that the worker has received for a}

certain period of time, then dividing the result by the amount of months that is being included and then dividing the result by 30. For instance, if it is required to calculate the average daily salary of the last six months, the way to calculate it would be by adding all the salaries that the worker has received for the last six months, dividing the result of such addition by six, and then dividing that result by 30.

6 _{Technical means is defined as research by social workers and other experts to determine if such}

ry, plus 67% of the excess of the average yearly salary determined with respect to the minimum yearly salary.

Since July 1, 2005, the minimum monthly revenue corresponding to this disability is CRC 96,048.

● _{Big disability:} The declaration of “Gran Invalidez” or big disability7 determines

for the worker the right to receive a revenue for life, payable in 12 installments per year. This revenue is equivalent to 100% of the current minimum yearly sala- ry, plus 67% on the excess of the average yearly salary determined with respect to the Minimum Legal Yearly Salary.

Since July 1, 2005, the minimum monthly revenue corresponding to this type of disability is CRC 96,048.

In addition to the above, a monthly fixed amount, CRC 54,662, must also be paid to the worker.

Finally, Law No. 7756, which regulates benefits for individuals taking care of patients in their final stages, grants a license or leave of absence8 for such purposes as long as the caretaker is not making any profit from such activity. The license in these cases is granted for a maximum term of six months and can be subject to revision or extension by the doc- tor in charge of the patient every 30 days.

The corresponding subsidy shall equal 60% of the average salaries reported to CCSS within the last three months prior to the license being granted.

§ 6.3

C. What are the requirements for paid vacation or