San Juan de Dios Hospital dismisses nurse for workplace absenteeism

The San Juan de Dios Hospital issued a final act of dismissal without employer liability against Joseph Yosvanny Sánchez Salas, a nursing assistant, for violations of the attendance and punctuality regulations. The resolution was adopted at four o’clock on July 30, 2026, by the medical center’s deciding body and is published for the second time in La Gaceta No. 190 on Thursday, October 8, 2026, with the official reference IN202601130367. The sanction is conditional because the official resigned from his position.

The case is processed under Administrative Disciplinary File 26-00044-2102-ODIS, instructed by the Costa Rican Social Security Fund (CCSS) through the Sub-directorate of Surgery and Oncohematology UCIS of the San Juan de Dios Hospital. The final act was signed by Dr. Mónica Villegas León, in her capacity as the deciding body.

According to the file, Joseph Yosvanny Sánchez Salas, ID 4-0212-0947, was assigned to work in April 2026 on the third shift, in the Men’s Oncology Service of the San Juan de Dios Hospital, from 10 p.m. to 6 a.m. On May 12, 2026, the Sub-directorate received the consolidated report of punctuality and attendance violations for the month of April 2026 from the Human Resources Management Unit, and on July 17, 2026, at seven p.m., the proposed sanction was issued.

Proven Facts and Absences

The deciding body found it proven that the official served as a Nursing Assistant in the Surgery and Oncohematology Area of the San Juan de Dios Hospital and that, on May 15, 2026, he began an appointment as Nurse 1 in the Medicine Area.

The resolution details the 24 absences recorded in April 2026, of which 20 were justified and four were not:

• Days 1, 3, 4, 5, 6, 7, 11, 12, 13, 15, 16, 17, 20, 21, 23, 24, 26, 27, 28, and 29: justified with medical leaves included in the SILARH system.
• Days 9, 10, 19, and 22: without suitable documentation to justify them.

After reviewing the SILARH system, the deciding body concluded that only the four absences on April 9, 10, 19, and 22, 2026, remained unjustified, which constitutes a violation of the attendance and punctuality regulations.

The Imposed Sanction and its Conditionality

Based on Article 76 of the Internal Work Regulations of the CCSS and Article 81, paragraph g) of the Labor Code, the deciding body issued a final act consisting of a sanction of dismissal without employer liability against Joseph Sánchez Salas, ID 4-0212-0947, Nursing Assistant of the Men’s Oncology Service, Hemato-Oncology Area of the San Juan de Dios Hospital.

However, the resolution specifies that the official resigned from their position as Nursing Assistant of the Caja Costarricense de Seguro Social as of July 24, 2026. Since there has been no employment relationship since that date, it is impossible to carry out the dismissal sanction; therefore, this remains conditional upon the official returning to the institution.

The document cites as a precedent the ruling of the Administrative Contentious Court, Section VII, Resolution No. 00021-2023, as it involves similar circumstances and an official of the CCSS.

Applied Regulations and Means of Appeal

The final act is based on:

• Article 11 of the Political Constitution.
• Articles 11, 102 subsection c), 211.1, and 214 of the General Law of Public Administration.
• Articles 71 subsection d) and 72 subsection a) of the Labor Code.
• Articles 46 subsection c) and 79 of the Internal Labor Regulations.

Furthermore, the official is advised that they have a period of five business days following notification to file ordinary appeals for revocation before the Department Head and for appeal before the Nursing Directorate, in accordance with articles 342 et seq. of the General Law of Public Administration, in relation to article 139 of the Labor Relations Regulations.

Impact on the Care of Oncology Patients

The resolution emphasizes that the absenteeism of a Nursing Assistant directly affects the healthcare response capacity, patient safety, the prevention of adverse events, and the quality of care. Due to the clinical complexity and vulnerability of the oncology population, the deciding body warns that each Nursing Assistant is an indispensable resource to guarantee continuity of care, and that their absence generates workload overload, a decrease in clinical surveillance, delays in care, and a potential increase in risk for hospitalized patients.

Source: La Gaceta No. 190, Thursday, October 8, 2026, Section I, p. 182 (official reference: IN202601130367).