Employee leave entitlement in Mexico

Employee leave entitlements in Mexico

Mexico's employment laws set out various forms of statutory leave for employees. These include annual vacation, public holidays, sick leave, maternity and paternity leave, and leave for work-related injuries.

Employers are required to comply with these provisions as regulated by the Federal Labor Law and the Mexican Social Security Institute (IMSS).

Annual vacation leave

Employees who complete one year of service are entitled to paid annual vacation leave.

• Minimum of 12 working days after one year of service
• Vacation entitlement increases by two days for each subsequent year, up to 20 days
• Proportional entitlement for seasonal or discontinuous workers
• Vacation period must be granted within six months following the completion of a year of service
• Employees receive a minimum holiday bonus of 25 percent of their wages during the vacation period

If employment ends before the year is completed, employees are entitled to payment for unused vacation proportional to the time worked.

Public holidays

Mexico recognizes several federal public holidays each year.

• New Year's Day (January 1)
• Constitution Day (First Monday in February)
• Benito Juárez's Birthday (Third Monday in March)
• Maundy Thursday and Good Friday (dates vary, usually in April)
• Labor Day (May 1)
• Independence Day (September 16)
• Revolution Day (Third Monday in November)
• Christmas Day (December 25)

Employees who work on an official public holiday are entitled to double their normal pay in addition to their regular wage.

Sick leave

Sick leave is covered by the Mexican Social Security Institute (IMSS), subject to medical certification.

• Paid at 60 percent of the employee's registered salary, starting from the fourth day of disability
• May last for up to 52 weeks and can be extended by another 26 weeks if necessary
• No mandatory right to unpaid sick leave unless agreed by the employer

Maternity leave

Female employees are entitled to statutory maternity leave with protection during and after pregnancy.

• 12 weeks paid leave (6 weeks before and 6 weeks after childbirth)
• IMSS pays 100 percent of the employee’s registered salary during this period
• Up to four weeks of prenatal leave may be transferred to after childbirth, subject to approval
• If the child has a disability or needs hospitalization, postnatal leave can be extended to 8 weeks with medical certification
• Adoptive mothers are entitled to 6 weeks’ paid leave after receiving the child
• During the first six months after birth, nursing mothers are entitled to two additional 30-minute breaks each workday

Paternity and adoption leave

Male employees are eligible for certain leave when a child is born or adopted.

• Five days paid leave for birth or adoption
• Adoptive fathers and mothers receive these same entitlements upon placement or receipt of an adopted child

Leave for work-related injuries and diseases

Work-related injuries, accidents, or occupational diseases are also covered by IMSS insurance.

• 100 percent of salary is paid from the first day of incapacity for up to 52 weeks
• May be extended by 26 weeks upon medical evaluation
• Permanent total disability grants a pension equal to 70 percent of the salary used to calculate IMSS contributions
• Permanent partial disabilities over 50 percent also qualify for a pension

Other types of leave

There is no national statutory requirement for parental, bereavement, unpaid career, marriage, or business creation leave.

Granting unpaid leave for these purposes is at the employer’s discretion, unless collective agreements or workplace policies provide otherwise.

• Full-time teachers may be eligible for a paid sabbatical every six years, under specific conditions

Employer obligations

Employers must comply with Mexico’s statutory leave provisions, maintain accurate records, and provide mandatory benefits and certificates as required by law.

IMSS handles payment for sickness, maternity, and work injury benefits. Employers are responsible for timely leave scheduling and maintaining employees’ rights to return after leave where applicable.