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. 

What is Maternity Leave?

Maternity leave is the period of time that a new mother takes off from work after the birth of her baby. It is a type of leave that allows mothers or parents to have time off before and after giving birth. Maternity leave may also apply to adoptive parents. The length, pay, and prerequisites of maternity leave vary across different countries. 

Eligibility criteria for maternity leave may include length of service with the employer, contribution to state funds, and employer size. In some countries, like Mexico, Fathers and secondary caregivers are also entitled to paternity leave or parental leave. 

Employees in most countries receive some form of maternity pay during their leave, but the amount and duration can vary.

What is Parental Leave?

Parental leave is a type of leave that allows both mothers and fathers, as well as other caregivers, to take time off work to care for their newborn or adopted child. It is a gender-neutral policy that recognizes the importance of caregiving responsibilities for all parents. Parental leave can be paid or unpaid, depending on the employer's policy and the country's regulations. 

The duration of parental leave varies from four to 12 weeks or more, and it ensures that both parents have the opportunity to bond with and care for their child. It is an important benefit that promotes inclusivity, supports work-life balance, and helps attract and retain talented employees. 

‍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 from working. 

In the instance that a newborn child has any type of disability or requires extra hospital care, maternity leave can be extended for up to eight weeks after birth. However, to extend the leave, a medical certificate needs to 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 postnatal 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 half-hour work breaks daily for up to six weeks after returning to work. 

The employer must ensure there is a hygienic and safe space for mothers to breastfeed their newborns. 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 form 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?

Paternity leave in Mexico is governed by the 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. By doing so, the employee can inform their employer of the requirements and duration of their 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 three years. However, it cannot exceed 364 days in total and can only be granted to one working parent. 

Care leaves end when either one of the following criteria is met:

  • The child no longer requires critical care.
  • The child turns 16 years old.
  • The parent is hired by a new employer.
  • The child passes away. 

‍Post-Maternity Leave & the Mexican Social Security Institute

If the female employee returns to work within a year after her delivery date, she is legally entitled to return to her position before her leave. However, if she returns after over a year, the employer can offer her job title to another employee. 

Some childcare services are provided by the Mexican Social Security Institute (IMSS) by 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.

How Employers Can Help: Welcoming Back Your Employees After Maternity Leave

Here are eight ways employers can help welcome back their employees after maternity leave:

1. Contact the Employee Before Their Return

Reach out to the employee before their return to work to check in on how they are doing and to discuss any concerns or changes they might have regarding their return to the workplace. This will help them feel supported and valued.

2. Develop a Reintegration Plan

Work with the returning employee to create a reintegration plan that outlines their roles, responsibilities, and any adjustments that may be needed to accommodate their return. This plan should address any changes in the workplace and provide a smooth transition back to work.

3. Greet the Employee Warmly

They’ve recently had a baby and their body is still recovering, so greet them warmly. Upon the employee's return, greet them warmly and express your excitement to have them back. This will help create a positive and welcoming atmosphere for their return.

4. Express Appreciation in a Welcome Back Letter

Consider writing a personalized welcome back letter expressing your appreciation for their contribution to the team and the company. Acknowledge their absence and express gratitude for their dedication.

When communicating with the returning employee, maintain a light and empathetic tone to show understanding and support for their transition back to work.

5. Provide a Schedule and Important Dates

Share any important dates, meetings, or events that the employee needs to be aware of upon their return. This will help them ease back into their role and stay informed about all upcoming responsibilities.

6. Offer Flexible Work Schedules

Consider offering flexible work schedules to help the returning employee balance their work and personal lives effectively. This can include options such as flexible hours or remote work arrangements.

7. Send Warm Welcome Messages

Encourage colleagues and team members to send warm welcome messages to the returning employee. This will help them feel valued and supported by their peers.

8. Consider Organizing a Welcome Back Card and Gift

As a thoughtful gesture, consider organizing a welcome back card signed by colleagues and a small gift to show appreciation for the employee's return and to make them feel valued and welcomed back into the team.

Frequently Asked Questions About Maternity Leave in Mexico

Do you have questions about how paid paternity leave and maternity leave work in the country of Mexico? Here is everything you need to know, with our most frequently asked questions and answers!

How long is paid maternity leave in Mexico?

Maternity leave in Mexico is 12 weeks long.

Is maternity leave paid in Mexico?

Yes, Mexico has paid maternity leave. According to Mexican law, a pregnant employee is entitled to 12 weeks of maternity leave, with six weeks before the child is born and six weeks after childbirth. 

During this period, employees are entitled to 100% of their salary, which is financed by social security on a tripartite basis: employers pay 70%, employees pay 25%, and the federal government pays 5%.

When does maternity leave in Mexico start?

Maternity leave in Mexico can start up to six weeks before the expected due date of the pregnant employees.

What is the salary during maternity leave in Mexico?

Female workers covered by the Mexican Social Security system are entitled to a salary equivalent to 100% of their usual wage during maternity leave.

Can maternity leave be extended in Mexico?

Maternity leave in Mexico can be extended up to eight weeks for necessary circumstances like disability or hospitalization of the newborn child.

How long is paternity leave in Mexico?

Paternity leave for male workers in Mexico is five days.

Are adoptive mothers entitled to maternity leave or adoption leave in Mexico?

Yes, adoptive mothers in Mexico are entitled to six weeks of paid maternity leave.

Is care leave available in Mexico?

Yes, care leave is available in Mexico for parents who care for a child with cancer or other illnesses.

What is the subsidy for insured working parents in Mexico?

Insured working parents in Mexico are entitled to a subsidy of up to 60% of their last base salary registered by the employer with IMSS.

Can employers face penalties for not complying with maternity leave regulations in Mexico?

Yes, employers in Mexico are required to comply with local labor regulations, including maternity leave, and failure to comply can result in fines and penalties.

Can remote employers in Mexico hire employees and provide maternity leave?

Yes, employers hiring remote workers in Mexico must comply with Mexican labor and tax laws, including providing maternity leave.

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