According to the International Labor Organization (ILO), more than 120 countries worldwide provide paid maternity leave and other health benefits by law — and Mexico is one of them. As an employer, it’s important to know about maternity leave in Mexico and what employees are entitled to. Let’s dive into the responsibilities employers are legally required to fulfill for maternity leave in Mexico.
Maternity Leave is Guaranteed & Protected by Law in Mexico
In Mexico, maternity leave is protected by law and is guaranteed to all female workers who are covered by the Mexican Social Security system (IMSS). All employees are registered with IMSS and contribute to the IMSS to cover various benefits, including maternity benefits. Their contributions are withheld by their employer who also contributes to the IMSS based on a percentage of their salary. The entitlements for maternity leave are covered under the Federal Labor Law and the Mexican Social Security Law. To qualify, the expecting mother must submit a medical certificate from a private medical institution or a clinic approved by IMSS.
The standard maternity leave period in Mexico is 12 weeks (84 calendar days) and can begin up to four weeks — six weeks before the expected due date. During this time, female workers are entitled to receive a salary equivalent to 100% of their usual wage, which is paid by their employer and IMSS.
It’s Possible to Extend Maternity Leave in Mexico
In some cases, maternity leave may be extended for a maximum of six to eight additional weeks, given unique and necessary circumstances that prevent the mother to work. During this time, mothers must rest in accordance with their physician's orders. In the instance that a newborn child has any type of disability or requires extra hospital care, it is possible for maternity leave to be extended up to eight weeks after birth. For this, a medical certificate must be submitted to the employer. During this extended period, employers are required to pay new mothers up to 50% of their salary at most.
It is also possible for mothers to transfer four weeks of pre-natal leave to the post-natal period if they anticipate more rest is needed. Employees must express this and notify their employer if this is the case with a certificate from a healthcare professional approved by IMSS.
What Happens When Mothers Return to Work in Mexico?
Mothers with a newborn child in the breastfeeding period are allowed to request two additional daily half-hour work breaks for up to six weeks after returning to work. The employer must ensure that there is a hygienic and safe space to do this. Employees are also allowed to reduce their work hours by an hour up to six weeks in lieu of the two daily half-hour breaks.
What is Maternity Leave Like for Adoptive Mothers?
If a female employee adopts a baby, she is eligible for six weeks of paid maternity leave after receiving her child. If a newborn child has any type of disability or requires extra hospital care, maternity leave can be extended after adoption. Like maternity leave, a medical certificate must be submitted to the employer. During this extended period, compensation can be negotiated and agreed upon by both the employer and employee.
What About Paternity Leave in Mexico?
Like maternity leave, paternity leave is also governed by Federal Labor Law and Social Security Law. Male workers are authorized to take five days off work after the birth or adoption of their child. During this period, male workers are entitled to receive 100% of their salary.
What other Parental Leaves are covered under Mexican Law?
In 2019, the Mexican government implemented care leave. This happened after the Federal Labor Law and Social Security Law were revised to allow parental leave for parents who care for children who have been diagnosed and are under the age of 16.
Under these circumstances, care leave must be granted by IMSS to insured working parents and their children. To qualify for care leave, official orders, such as medical rest during critical periods of treatment or hospitalization, must be given by the child’s healthcare professional.
This also includes treatment for pain relief and advanced cancer care. The IMSS will issue a certificate to verify the oncological condition and duration of the treatment. This ensures that the employer knows the need and length of such leave. During this period, the insured working parent is entitled to a subsidy of up to 60% of their last base salary registered by the employer with the IMSS.
To qualify for this, the insured working parent must contribute to IMSS for at least 30 weeks in the 12 months leading up to their child’s cancer diagnosis or make 52 immediate contributions if they did not meet that requirement.
Care leave certificates are valid for 28 days and can be reissued as many times as needed within a period of three years. However, it cannot exceed 364 days in total and can only be granted to one working parent, not both. Care leaves end when:
- The child no longer requires critical care.
- The child turns 16 years old.
- The parent is hired by a new employer.
- Death occurs.
Post-Maternity Leave & IMSS
As long as female employees return to work no more than a year after the delivery date, they are entitled to return to their position. Some childcare services are provided by IMSS in accordance with the law and regulatory provisions.
It's important to note that these rights and benefits are only applicable to workers who
are covered by IMSS. Self-employed workers or those who work in the informal sector may not be eligible for these benefits. Overall, maternity leave in Mexico is well protected by law, with female workers entitled to a reasonable period of leave and full pay during that time.
Manage Parental Leaves with Borderless
What parental leaves are you obligated to grant in the countries where your employees are working? Use Borderless to keep track of them. Let us deal with the nitty-gritty surrounding parental leaves so you can grow your business beyond borders. To get started, book a demo today.
Disclaimer
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