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Maternity, Paternity and Adoption Leaves of Absence Rights in Mexico

February 22, 2019
Maternity, Paternity and Adoption Leaves of Absence Rights in Mexico

Article 170 of Mexico’s Federal Labor Law provides the right of working mothers to paid for maternity leave, six weeks before and six weeks after the birth of a child. It also provides the possibility to transfer from the pre-partum maternity leave period up to four (out of six) weeks, to the post-partum maternity leave period if an employee requests and obtains written approval from a physician at Mexico’ Social Security Institute (IMSS).

If the child is born with a disability or requires a hospital stay to receive medical attention, the post-partum leave period may be increased to eight weeks. The length of maternity leave may also be increased if a working mother is unable to return to work due to complications from the pregnancy or the birth. In such cases, working mothers are entitled to half salary or half wages for up to 60 days.Upon returning to work and while nursing, working mothers are entitled to two additional thirty minute breaks during each shift to feed their child. Such additional nursing breaks may continue for a period of up to six months. If such additional breaks cannot be taken during a shift, then the working mother’s work schedule may be reduced by one hour during the nursing period.Following the adoption of a minor child, working mothers have the right to paid maternity leave for six weeks after receiving the child. Likewise, fathers of newly born or adopted children have the right to paid paternity leave for five work days.

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