Understanding Maternity and Paternity Leave in Mexico

Understanding parental leave policies in Mexico is crucial for employers seeking to foster a supportive workplace while ensuring legal compliance. 

This blog aims to inform employers about the nuances of Mexican leave policies and demonstrate how partnering with a global Employer of Record like Justworks can simplify compliance, allowing businesses to focus on growth and employee well-being.

Overview of Maternity and Paternity Leave in Mexico

In Mexico, maternity and paternity leave is a well-established benefit designed to support working mothers and parents during and after pregnancy or adoption. 

Maternity Leave

The Mexican Social Security Institute (IMSS) covers 100% of the employee's salary during the leave period, provided that the employee has contributed to the social security system. Maternity leave is split into six weeks before birth and six weeks after. The employer is responsible for ensuring that the employee's position is retained during the leave and that they can return to their job under the same conditions. In cases of adoption, new mothers receive six weeks of maternity leave to bond with their child. 

Maternity leave can be extended by up to 60 additional days. This extension is granted based on medical advice and requires a medical certificate confirming the necessity for the extended leave. 

Paternity Leave

Although there is no set paternity leave entitlement in Mexico, expecting fathers either for a birth or adoption are entitled to five days of leave paid for by the IMSS. In cases of complications during birth or adoption, new fathers may opt to request additional leave with medical proof to the IMSS in Mexico. 

Eligibility and Requirements for Leave

• Eligibility Criteria

  • Employees must be registered with the Mexican Social Security Institute (IMSS).

  • A minimum contribution of 30 weeks to the IMSS in the 12 months preceding the leave is required to qualify for benefits. 

• Documentation and Process

  • Obtain the necessary medical certificates and paperwork from a healthcare provider.

  • Submit the completed documents to the employer and IMSS to apply for leave.

Understanding these straightforward steps ensures a smooth application process and access to maternity leave benefits in Mexico.

Notice Period and Procedure 

Employees are required to provide their employer with written notice at least 30 days in advance of their expected date of childbirth or adoption. This notice should include the expected date of delivery or adoption and the duration of leave requested. Additionally, employees must provide medical certification from a healthcare provider confirming the pregnancy and expected due date.

Employer Responsibilities

Employers are then responsible for processing the leave application, verifying the employee's eligibility, and coordinating with the Mexican Social Security Institute (IMSS) to ensure that the employee receives their entitled benefits during the maternity leave period. 

Ensuring compliance with legal requirements in Mexico involves correctly calculating and paying leave benefits while accurately keeping records and documentation. In order to fully support employees through this process, employers should consider creating a nurturing work environment and offering flexible work arrangements post-leave. This approach not only fosters loyalty and well-being but also helps maintain a productive workplace. 

Challenges for Employers

Navigating the administrative responsibilities of maternity leave in Mexico involves handling the required paperwork, as well as staying current with any potential procedural or legal changes. Additionally, employers must manage the operational impact by effectively covering workloads during employee absences and ensuring business continuity. Balancing these challenges is essential to maintaining a smooth and compliant workplace.

How an EOR Can Help with Maternity and Paternity Leaves in Mexico

An EOR like Justworks can significantly streamline leave management in Mexico by efficiently handling the entire employment relationship.

EORs help: 

1. Streamline Leave Management 

• Efficient processing of leave applications and benefits.

• Accurate calculation and timely payment of leave salaries.

• Understanding leave policies in specific countries. 

2. Ensure Compliance

• Stay updated with legal requirements.

• Handle audits and inspections.

• Regularly update existing benefits to remain compliant. 

3. Understand Country-Specific Nuances

• Offers hyper-local support and expertise.

• Help navigate cultural differences and expectations.

• Understand expectations around hiring and termination processes.  

Justworks Helps Manage Mexican Leave

With our tailored solutions for global EOR, Justworks offers seamless transitions for expecting and new parents in Mexico. We prioritize the well-being of your employees while minimizing administrative hassle for your HR team. Bolster your company's commitment to family-friendly policies by partnering with Justworks.

Want to learn more? Get started today!