Global Compliance – Mexico
Mexico: Status of the Proposed Labor Law Reforms
Reduction of the Working Week
In March 2023, a bill was introduced proposing a reduction in the standard working week from 48 to 40 hours, along with several other amendments. The bill also specifies that employees will be entitled to a minimum of two rest days per week for every five days worked.
Though the bill faced delays, it has now resurfaced as part of Mexico’s larger labor reform agenda. While a definitive timeline for implementation is yet to be established, the legislature has outlined a phased reduction of working hours over the next six years.
To read more on the proposed amendment, kindly refer to our previous blog
The new Government has put forth various other labour reforms reaffirming its commitment to upholding progressive labor policies. These reforms are aimed at improving the well-being of employees, promoting work-life balance, and increasing productivity.
The following are some of the other major proposed labor reforms:
Extension of Maternity Leave (Silla Law)
Currently an employee is entitled to maternity leave for 12 weeks (6 weeks before the child is born and 6 weeks after birth). If the newborn has some type of disability or needs to be hospitalized, the leave is extended by 2 more weeks.
A recent proposal under Mexico’s Federal Labor Law reform seeks to extend maternity leave from 12 to 14 weeks (7 weeks before the child is born and 7 weeks after birth), aligning with international standards. Furthermore, mothers would have the option to transfer up to five weeks of their pre-birth leave to the post-birth period, subject to medical approval. In cases where the child is born with a disability or necessitates medical care, the post-birth leave may be extended to a total of 14 weeks.
This amendment is still under consideration, it is expected to be enacted in the near future, underscoring Mexico’s commitment to advancing family-friendly workplace policies.
Extension of Paternity Leave
Currently an employee is entitled to 5 working days of paid paternity leave.
A proposed amendment to the existing paternity leave has been put forth by the new government in Mexico seeks to increase paternity leave to 20 working days.
Additionally, in cases of complications affecting the health of the mother or child, the leave can be extended by up to 30 working days.
This amendment has passed the Chamber of Deputies and is currently awaiting Senate approval. Once approved, the changes will take effect following publication in the Official Gazette of the Federation (DOF). The official decree for this amendment has not yet been released.
Menstrual Leave
Currently there is no menstrual leave in the labor law.
The proposed amendment aims to provide individuals who menstruate, including women, transgender, and non-binary persons, with the option to take one or two paid days off each month to manage related symptoms. Although these proposals have garnered significant support, they are still under legislative consideration and have not yet been enacted.
Takeaway: The proposed amendment by the new government aims to align Mexico’s labor laws with international standards. Employers should proactively review and update their policies in preparation for these forthcoming labor law reforms.
