Mères qui Travaillent - Mexico

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 12.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Employer
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 6 month(s) of life of the child
Does the law require parental leave for parents? No
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? No

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

Female workers are entitled to 84 days (12 weeks) of fully paid maternity leave and any extension, if it is impossible for the woman to return to work on account of her pregnancy or confinement. To avail maternity leaves, worker must provide medical certificate from certified physician of a Social Security institute. Medical certificate must contain the name and professional license number of the person who issued, date and medical condition of the worker.

If the child was born with some disability or needs hospital care, leave may be extended by two weeks. If a pregnant worker can't work due to pregnancy or child birth, she is entitled to fifty percent of her salary for a period not exceeding sixty days.

Women are also entitled to six weeks of leave with pay in case of adoption of a child from the day they receive the child.

Sources: § 123-A-V of Political Constitution of Mexico, § 170 of Federal Labour Law

Maternity leave of 84 days/12 weeks is a fully paid leave. It is funded through Social Security which is financed by the worker, employer and state contributions. In order to avail cash benefits, a worker must have contributed for at least 30 weeks during the 12 months preceding the date when payment is due to begin. In the case of extended leave due to pregnancy or child birth related problems, workers are entitled to 50% of her salary for a period not exceeding sixty (60) days.

Sources: § 170 (5) of Federal Labour Law

More about parental leave:

There is no provision in the law on paid or unpaid parental leave.