OUTLINE
Annual leave in Mexico
Parental leave in Mexico
Adoption leave in Mexico
Other leave in Mexico
Public holidays in Mexico
Protect your employees and your business
Leave and time off in Mexico
Employees in Mexico have the right to take different types of leave and time off, which are clearly outlined and regulated by the Federal Labour Law (FLL) and the country’s social security system. These regulations are in place to ensure that workers can take necessary time off while still being protected financially and legally.
As an employer in Mexico, it is essential to fully understand and comply with these rules. Not only is this a legal requirement, but it also helps create a supportive workplace where employees feel valued and respected. Employees should also be made aware of their rights to leave so they can make informed decisions about when and how to take time off, whether for rest, personal reasons, or medical needs.
In this guide, we will discuss everything you need to know about leave and time off policy in Mexico, including paid leave, public holidays, sick leave, maternity and paternity leave, and other specific types of time off. Each type of leave has its own conditions and benefits, which are designed to meet the diverse needs of workers and their families.
Annual leave in Mexico
Employees have the right to annual paid time off, which is an important benefit outlined in their employment contracts. This entitlement ensures that employees have time to rest and recharge while still being compensated. The amount of annual leave is based on the employee’s length of service, and the Federal Labour Law (FLL) provides clear guidelines to determine leave entitlement.
Minimum paid leave in Mexico
After completing their first full year of employment, employees are entitled to a minimum of 12 days of paid annual leave. This base amount increases over time as employees continue their service with the same employer. Specifically, for each additional year of service, employees gain 2 extra days of leave. For example, an employee who has completed three years of service would be entitled to 16 days of leave.
Extended leave after 5 years of service in Mexico
Once an employee reaches five years of service, an additional 2 days of leave are added every five years. This gradual increase in annual leave rewards employees for their long-term commitment to the company and acknowledges their continued contributions.
Employers must also accommodate unused leave. If employees are unable to take their annual leave within the year it is accrued, they have the option to carry forward unused leave for up to six months into the next year. This flexibility ensures that employees do not lose their entitlement due to scheduling conflicts or other unforeseen circumstances.
Another important aspect of annual leave in Mexico is the vacation premium. For every day of leave taken, employees are entitled to receive an additional 25% of their regular pay. This extra compensation, mandated by law, enhances the value of their time off and helps employees make the most of their vacation.
Sick leave in Mexico
Employees who are unable to work due to illness or injury are entitled to up to 52 weeks of paid sick leave, provided their condition is verified by an IMSS-affiliated medical authority. This ensures that only genuine cases are approved and that the process remains fair and consistent. During this period, employees receive 60% of their regular salary as financial support, allowing them to focus on their recovery without undue financial strain.
In cases where the illness or injury is work-related, the benefits are even more comprehensive. Employees are entitled to receive 100% of their regular salary for the duration of their recovery. This reflects the employer’s and IMSS’s responsibility to support workers who are injured or become ill due to workplace conditions or incidents.
Employers must also facilitate the process by ensuring that employees are properly registered with the IMSS and that all necessary contributions are made on time. This is essential for employees to access their sick leave benefits seamlessly.
Parental leave in Mexico
Maternity and paternity leave policies support new parents during one of the most important phases of their lives. These entitlements, regulated by the Federal Labour Law (FLL) and managed in part by the Mexican Social Security Institute (IMSS), provide financial stability and time for bonding and recovery.
Maternity leave in Mexico
Female employees in Mexico are entitled to 12 weeks of paid maternity leave, which is divided into:
- 6 weeks before childbirth: This allows expecting mothers to prepare for the arrival of their child, attend medical appointments, and rest in the final stages of pregnancy.
- 6 weeks after childbirth: This period is intended for recovery from childbirth and to allow mothers to care for and bond with their newborns.
During maternity leave, female employees receive their full salary, providing financial security during this critical time. However, there is a cap on maternity pay, which is limited to 25 times the daily UMA (Unidad de Medida y Actualización).
For employees who adopt a minor, the same benefit applies they are entitled to 6 weeks of paid adoption leave. This period provides adoptive parents with time to adjust to their new responsibilities and establish a bond with their adopted child.
To apply for maternity leave, employees must submit a medical certificate issued by an IMSS-approved clinic or a private medical institution. This certification verifies the pregnancy or adoption and ensures that the leave is granted appropriately. Employers are responsible for facilitating the process and ensuring that the employee’s leave rights are upheld.
Paternity leave in Mexico
Fathers in Mexico are entitled to 5 days of paid paternity leave following the birth or adoption of a child. This leave recognises the importance of fathers being present during the early days of their child’s life or the transition period after an adoption. Although the leave period is relatively short compared to maternity leave, it provides an opportunity for fathers to support their partners and bond with their new child.
Employers must ensure that fathers can take this leave without facing any penalties or discrimination, as it is a mandatory benefit under the Federal Labour Law.
Parental leave in Mexico
Unlike many other countries, Mexico does not currently offer additional parental leave beyond the maternity and paternity leave provisions. This means there is no extended period of leave available for either parent to care for their child beyond the initial maternity or paternity leave periods.
However, some progressive employers may offer additional unpaid leave or flexible work arrangements as part of their company policies. These measures, while not legally required, can help parents balance their work and family responsibilities.
Adoption leave in Mexico
Adoption leave in Mexico is an important benefit that supports employees who are welcoming an adopted child into their family.
Female employees who adopt a child are entitled to 6 weeks of paid adoption leave. This leave begins once they gain custody of the child. The purpose of this leave is to allow the adoptive mother to care for the child, establish a nurturing environment, and handle any initial challenges that come with welcoming a new family member. The leave is paid, ensuring financial stability during this period, so the mother can focus entirely on her new role without worrying about work or income.
On the other hand, male employees who adopt a child are entitled to 5 days of paid paternity leave. Although shorter than the leave provided to mothers, these days are crucial for fathers to be actively involved in the adoption process and to help support their families during this important adjustment period.
Other leave in Mexico
Statutory leave such as annual leave, maternity leave, and sick leave are mandated by law, ensuring employees have access to essential time off. However, many employers choose to go beyond these legal requirements by offering additional leave options to support their employees’ personal and professional needs. These non-mandatory leave types are not required by law but are often included in company policies as a way to foster a more supportive and flexible work environment.
Bereavement Leave
Bereavement leave is a type of time off provided to employees who have lost a close family member, such as a parent, spouse, child, or sibling. During this challenging time, bereavement leave allows employees to grieve, make funeral arrangements, and attend memorial services without the added pressure of work responsibilities. While the duration of bereavement leave varies from employer to employer, it is a compassionate measure that acknowledges the emotional and logistical difficulties employees face during such times.
Marriage Leave
Some employers offer marriage leave, granting employees a short period of time off to celebrate their wedding. This leave allows employees to focus on their special day and related preparations without worrying about work commitments. Though not a common benefit in all workplaces, marriage leave is seen as a thoughtful gesture that supports employees during a major life milestone.
Study Leave
For employees pursuing further education, training, or certifications, study leave can be a valuable benefit. This type of leave provides employees with the flexibility to prepare for exams, attend classes, or complete academic projects. Employers who offer study leave demonstrate their commitment to employee growth and professional development, which can benefit both the individual and the organization.
Public holidays in Mexico
Public holidays are an important part of the workforce calendar, providing employees with statutory time off to celebrate national and cultural events. Employers must be aware of these holidays to ensure compliance with labour laws and to plan work schedules effectively. Below is a list of the public holidays observed in Mexico:
January 1
New Year’s Day
February 3
Constitution Day
March 17
Benito Juárez's birthday
April 17
Holy Thursday
April 18
Good Friday
May 1
Labour Day
May 5
Anniversary of the Battle of Puebla
September 16
Independence Day
Ocotober 12
Day of the Race
November 2
All Souls' Day
November 17
Revolution Day
December 12
Lady of Guadalupe Day
December 25
Christmas Day
Public holidays are designated as non-working days, meaning employees are entitled to the day off with full pay. If an employee is required to work on a public holiday, they must be compensated at a higher rate, usually double or triple their regular pay, as specified by the Federal Labour Law (FLL).
While the above are statutory holidays, some employers may choose to offer additional days off around major holidays, such as extending the Christmas or New Year’s break. This can enhance employee morale and work-life balance.
Protect your employees and your business
As an employer in Mexico, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.
When you hire workers with CXC, we’ll ensure your engagements are in line with all local, national and international employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risk.
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