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Mexico Leave Laws

laws

Holidays

  • 1st January – New Year’s Day
  • 1st February – Constitution Day (1st Monday in February)
  • 15th March – Benito Juarez’s Birthday (3rd Monday in March)
  • 1st April – Maundy Thursday (Thursday before Easter Sunday)
  • 2nd April – Good Friday
  • 1st May – Labour Day
  • 16th September – Independence Day (National Day)
  • 16th November – Revolution Day (3rd Monday in November)
  • 12th December – Day of the Virgin of Guadalupe
  • 25th December – Christmas Day

Workers who are required to work on a mandatory holiday are entitled to double pay in addition to their regular pay.

Paid Time Off

PTO (Paid Time Off)

  • Vacation/Annual Paid Leave

Employees are entitled to 6 vacation days after being employed for one year, and to 2 additional days for each subsequent year, up to a maximum of 12 days. As of the fifth year, the employee is entitled to 14 workdays of vacation; for each additional group of five years, two more vacation days are added. 

Employees who have been employed between 25 and 29 years are entitled to up to 22 days of paid vacation.

Employers must pay employees a vacation premium equivalent to 25 percent of the salary earned during the vacation days.

  • Rollovers and payout of unused hours
  • Use-it-or-lose-it policy 

Vacations must be taken on the date indicated by the employer, within 6 months following the worker’s anniversary with the employer.

  • 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.

Maternity Leave, Child Raising Leave, Parental Leave

Maternity Leave

Pregnant employees are entitled to six weeks prior and six weeks of paid leave after the birth of a child.

Statutory maternity leave may be extended as necessary if work is not possible because of the pregnancy or the delivery. During the maternity leave, the employee receives her regular salary.

During the nursing period of 6 months, the new mother is entitled to two additional thirty-minute rest periods per day to feed the child.

Paternity Leave

Employees are entitled to up to 5 days of paid leave when the child is born.

Parental Leave in case of child’s illness 

The mother or the father (but not both of them) of children of 16 years of age with cancer are entitled to paid leave during cancer treatment, which can last from 1 to 28 days. Parents are entitled to as many leaves as required in a period of three years. 

Adoption Leave

Women are entitled to 6 weeks of paid leave after the child is adopted. Fathers are also entitled to up to 5 days of leave.

Sick Leave

Mexico Leave Laws – Sick Leave

An employee is entitled to sick leave depending on the type of illness and degree of disability. There is no mandatory unpaid medical leave of absence in Mexico.

Leave due to illness – 1 day to 52 weeks

Temporary disability – 52 weeks, which can be extended to an additional period of 52 weeks

Permanent partial disability – Permanent leave. Payment is through the IMSS according to the amounts established in FLL.

Permanent total disability – Permanent leave. Payment is through the IMSS according to the amounts established in FLL.

Jury Duty Leave, and Voting Leave

Not specified by law.

Bereavement Leave

Not specified by law. However, depending on the company’s policy and the agreement between the employer and employee, employees are entitled to days off due to a death of a family member, a friend, and in some cases even a pet. 

Military Leave

Not specified by law.

 

Please consult your local legal counsel to learn more about Mexico Leave Laws.

 

To learn more about laws in various countries, check out our Leave Laws page.

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    All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.