Last updated on September 19, 2024.

Mexican employees are entitled to at least 12 days of vacation, as of January 1, 2023.
(Before this Federal Labor Law came into effect, employees were entitled to at least 6 days of leave.)

Paid Time Off (PTO) in Mexico

Vacation (Annual Leave) Quota

At least 12 days

Employees in Mexico are entitled to at least 12 paid vacation days after they’ve completed one year of service.

The number of vacation days increases by two working days after each additional year of service according to seniority, as provided in the table below:

Vacation Entitlements Under New Law

The days of vacation to which employees are entitled depend on the current leave laws, which are now governed by the reform that came into effect on January 1, 2023.

Days of statutory vacation leave must be provided within six months after the completion of a full year of service. For example, if an employee completes his first year on January 1, they should be able to take their 12 vacation days by June 30.

Vacation Leave Scheduling

Vacation leave may be taken in the period chosen by an employee, in agreement with an employer. This must be done considering the needs of the company, so neither an employer can dictate the dates nor can an employee demand taking vacation days if a company’s requirement for the desired period does not allow it.

An employee has the right to take at least 12 consecutive days of vacation.

Different Vacation Leave Laws

In all countries of North and South America, there are specific leave laws (check out Brazil’s leave laws or Colombia’s) that define the minimum number of paid vacation days per year that each worker can take.

However, Mexico is one of the countries with the lowest vacation periods in the world.

Vacation Premium

Employees are entitled to a vacation premium; therefore, employers must pay this premium, which is 25% of the regular salary.

PTO Payout at the Termination

In Mexico, termination at will of the employer is not possible. Both a valid legal reason for termination and a formal termination notice procedure for the employee are legal requirements.

Employees can file for reinstatement or for severance pay due to wrongful termination.

Severance pay for a wrongful termination amounts to three months’ wages, plus seniority premium. If the employee seeks reinstatement, in specific situations the employer can opt not to reinstate and pay an additional sum of 20 days’ wages per year of seniority.

Sick Leave in Mexico

Sick leave in Mexico is known as temporary disability (la incapacidad temporal).

If an employee suffers an accident or has an illness that prevents them from performing their job, they can take absence for work disability (incapacidad laboral). Work disability (incapacidad laboral) also applies to pregnant women (see more in the section Maternity Leave in Mexico).

To take sick leave, employees must go to the appointed doctor at the IMSS (Mexican Social Security Institute), who is the one who evaluates and is responsible for issuing a medical certificate of disability that justifies absence from work.

Sick leave and sick pay depend on the cause of illness or injury, which may be caused by general illness or occupational injury (work-related).

Sick Leave due to a General Illness

Eligibility

To qualify for this type of sick leave, an employee must have more than 7 weeks of contributions to

IMSS before the beginning of the illness. In the case of a temporary worker, an employee must have 6 weeks of contributions in the four months before the beginning of the illness.

Payout

Sick leave is paid by the social security system - IMSS.

The Federal Labor Law requires that an employee must receive 60% of the salary registered with the IMSS at the beginning of the absence, from the 4th day until the end of 52 weeks. (The first three days of sick leave are unpaid - waiting period).

The worker can be on sick leave from 1 day to 52 weeks, depending on what the IMSS doctor specifies.

Sick Leave due to Occupational (Work-Related) Injury

When a worker suffers an injury or illness due to work, it is considered an occupational risk. Illnesses of this type result from exposure to physical, chemical, and biological agents, as well as other factors.

Depending on the severity of an injury or illness, the IMSS medical services decide whether it is a temporary or permanent disability.

• Temporary Disability: The IMSS is responsible for covering 100% of the regular salary for a period that ranges from 1 day to 52 weeks, depending on what the IMSS doctor determines.
• Permanent Disability: The worker is entitled to either a monthly benefit or lump-sum compensation, depending on the type of the illness or injury.

In both cases, the employer is required to provide payment to the worker.

The payment must be calculated based on the salary with which an employee is registered with the IMSS, and this compensation must not be less than the minimum wage.

Occupational injuries do not require a minimum number of contributions to the IMSS.

Maternity and Paternity Leave

Maternity Leave in Mexico

84 days

Maternity leave consists of 84 days (12 weeks) of fully paid absence.

Pregnant employees working in Mexico are entitled to 42 days prior (6 weeks) and 42 days after the birth of a child (6 weeks). Maternity leave must begin at least 40 days before the anticipated date of birth, and after that, leave must continue uninterrupted. Regular maternity leave can be longer if the employee is unable to return to work due to pregnancy or childbirth.

Nursing Breaks

For the first 6 months after childbirth, any working mother is allowed two 30-minute breaks per day to nurse her baby.

Payout

Maternity leave is paid by the IMSS, the Mexican social security system. An employee receives 100% of her regular salary.

Eligibility

To qualify for maternity leave and maternity pay, an employee must have made contributions to the IMSS at least 30 weeks in 12 months before the start of the leave. If an employee does not fulfill this requirement, then the payment of the salary is the responsibility of the employer, not IMSS; an employer must provide maternity pay.

Paternity Leave in Mexico

5 days

Working men are granted 5 days of fully paid paternity leave due to the birth or adoption of their child.

Payout

Paternity leave is paid by the employer.

Adoption Leave in Mexico

Mother: 6 weeks, father: 5 days.

A working female employee is entitled to 6 weeks of fully paid leave when adopting a child, starting from the day the child is placed in their care. As previously mentioned in the paternity leave section, an employee who becomes father through adoption is entitled to up to 5 days of fully paid leave.

Bereavement Leave in Mexico

Not required by law.

Bereavement leave is not specified by leave law in Mexico. The Mexican Federal Labor Act (LFT) does not provide specific provisions that provide employees with days of paid bereavement leave in the unfortunate event of losing a loved one. This lack of regulation creates a situation in which the decision on paid time off for bereavement leave is completely at the discretion of each company.

As of 2023, reforms have been proposed to guarantee at least 3 days of paid leave.

Jury Duty Leave in Mexico

Jury duty leave is not specified by Mexico leave laws.

Military Leave in Mexico

Military leave is not specified by law.

Voting Leave in Mexico

Voting leave is not specified by law.

Public Holidays in Mexico for 2024

Employees who are required to work on a day of a public holiday must receive double wages.

Sources

1. Ley Federal del Trabajo (federal labor law concerning vacation leave, in Spanish), https://mexico.justia.com/federales/leyes/ley-federal-del-trabajo/titulo-tercero/capitulo-iv/

2. Local Laws & Regulations, https://www.atlashxm.com/en/countries/mexico

3. Payroll and Benefits Guide Mexico, https://www.papayaglobal.com/countrypedia/country/mexico/

4. Definitive Guide to Hiring in Mexico, https://www.globalexpansion.com/countrypedia/mexico

5. ¿Cuántos días de vacaciones corresponden a los trabajadores en 2024?, https://www.infobae.com/mexico/2024/07/25/cuantos-dias-de-vacaciones-corresponden-a-los-trabajadores-en-2024/

6. Cuántos días de vacaciones laborales me corresponden por ley?, https://www.minu.mx/blog/cuantos-dias-son-vacaciones-laborales

7. La incapacidad temporal en México, https://www.mites.gob.es/ficheros/ministerio/mundo/revista_ais/238/Mexico

Check out our Leave Laws page to learn more about laws in various countries.