Holiday Leave in Mexico
Employees with more than one year of service shall enjoy an annual period of paid vacation, which in no case may be less than 6 working days, and which shall increase by 2 working days, until reaching 12, for each subsequent year of service.
- After the fourth year, the vacation period will increase by two days for every five days of service.
- Discontinuous and seasonal employees shall be entitled to an annual vacation period, in proportion to the number of working days in the year.
- Workers shall continuously enjoy at least six days of vacation.
- Holidays may not be compensated with remuneration. If the employment relationship terminates before the end of the year of services, the employee shall be entitled to remuneration proportionate to the time rendered.
- Employees shall be entitled to a bonus of not less than 25 percent of the wages due to them during the holiday period.
- Holidays must be granted to employees within six months following the completion of the year of service. Employers shall deliver annually to their employees a certificate containing their seniority and in accordance with the holiday period that corresponds to them and the date on which they must enjoy it.
The following are mandatory rest days:
January 1 – New Year’s Day
February 5 – Constitution Day (First Monday of February)
March 21 – Benito Juarez’s Birthday Memorial (Third Monday of March)
May 1 – Labour Day / May Day
September 16 – Independence Day
November 20 – Third Monday of November
December 1 – Every six years when it corresponds to the transfer of the federal executive power
December 25 – Christmas Day
As determined by federal and local laws, in the case of ordinary elections, to conduct the election day.
Types of Leave in Mexico
An employee is entitled to sick leave, depending on the type of illness and degree of disability. IMSS, not the employer, pays the employee’s income during the leave. There is no mandatory unpaid medical leave of absence. FLL provides leave due to the following:
Sickness pay: 60 percent of the salary registered before IMSS, at the beginning of the disability; from the fourth day until the end of 52 weeks, as determined by IMSS medical services, and may be extended for up to 26 more weeks
Working mothers are entitled to a 12-week break (6 weeks before the child is born and 6 weeks after childbirth as maternity leave), with IMSS paying them 100 percent of their registered salary. Statutory maternity leave may be extended as necessary if work is not possible because of the pregnancy or the delivery.
During the nursing period of six months, the new mother is entitled to two additional 30-minute rest periods per day to feed the child in an adequate and hygienic place set aside by the employer.
Working mothers shall have a six-week leave before and a six-week leave after childbirth. At the express request of the employee, with the prior written authorization of the corresponding social security institution or that of the health service provided by the employer, considering the opinion of the employer and the nature of the work she performs, up to four of the six weeks of rest prior to childbirth may be transferred to after childbirth.
If the child is born with any type of disability or requires hospital care, the rest may be up to eight weeks after birth, provided the corresponding medical certificate is presented in advance.
Employees will receive 50 percent of their salary for a period not exceeding 60 days.
In case of adoption of a child, the employee shall enjoy a six-week paid leave following the day on which the employee receives the child.
Employees may return to the position they held, provided that no more than one year has passed since the date of delivery.
Childcare services will be provided by IMSS in accordance with its law and regulatory provisions.
Male employees are entitled to enjoy a paid paternity leave of five days when the child is born or in case of adoption, as of the placement of the child.
No mandatory parental leave of absence exists. If the employee needs an unpaid parental leave, the employer has the discretion to grant the leave.
No mandatory career leave of absence exists. If the employee needs an unpaid career leave, the employer has the discretion to grant the leave.
No mandatory bereavement leave of absence exists. If the employee needs an unpaid bereavement leave of absence, the employer has the discretion to grant the leave.
Work related injury
Occupational injuries: defined as any accident or disease to which the employees are exposed in the course of their employment, or any consequences thereof; 100 percent of the salary registered before IMSS, at the beginning of the disability; from day one to the end of 52 weeks, as determined by IMSS medical services
Defined as any organic injury, functional disturbance (whether immediate or subsequent) or death, occurring suddenly in the course of the employment or as a result thereof; 100 percent of the salary registered before IMSS, at the beginning of the disability; from day one to the end of 52 weeks, as determined by IMSS medical services
Defined as any pathological condition arising due to a cause originating in the nature of the rendered services or the environment where the employee is obliged to render the services.
The insured who suffers from an occupational disease and becomes incapacitated is to receive, for the duration of incapacity, 100 percent of the salary based on which the insured’s contributions were made at the time of the occurrence of the disease.
When permanent total disability of the insured is declared, the insured is to receive a definitive monthly pension equivalent to 70 percent of the salary based on which the insured’s contributions were made at the time the risk occurred.
In the case of an occupational disease, the pension is to be calculated using the average of the salary based on which the insured’s contributions were made during the last 52 weeks or during a shorter period.
If the disability declared is permanent partial, greater than 50 percent, the insured will receive a pension granted by the insurance institution of the insured’s choice.
In the case of a non-occupational disease, IMSS provides the insured with the necessary medical, surgical, pharmaceutical, and hospital assistance from the onset of the disease and for a period of 52 weeks while treating the same condition. The insured is entitled to a cash benefit to be granted as well. If the insured becomes incapacitated due to a disease, the subsidy is to be paid from the fourth day of the insured’s being incapacitated for the duration of incapacity and for a period of up to 52 weeks. If at the end of this period the insured person continues to be incapacitated, the payment of the subsidy may be extended for up to 26 more weeks, subject to the opinion of IMSS.
Business creation leave
No mandatory business creation leave of absence exists. If the employee needs an unpaid business creation leave, the employer has the discretion to grant the leave.
When adopting an infant, female employees are entitled to a six-week paid leave following the day on which they receive the infant.
Male employees are entitled to a paid adoption leave of five days.
Sabbatical leave – Teachers
Full-time teaching personnel may request a sabbatical year every six years, counted from the date on which they have obtained the definitive status in this type of full-time category(ies), in accordance with the provisions set forth. The sabbatical year consists of separating from teaching duties for one year with pay and without loss of rights in order to dedicate oneself to study, research, and activities contributing to academic improvement.
No mandatory marriage leave of absence exists. If the employee needs an unpaid marriage leave of absence, the employer has the discretion to grant the leave.