Global Compliance Desk – Mexico

Mexico Embraces Care Leave for Parents Of Children With Cancer

On June 4, 2019, in the Official Gazette of the Federation, the Mexican Department of Labor and Social Welfare (STPS) published a decree amending the Social Security Law, the Law of the Institute of  State Workers ‘ Security and Social Services, and the Federal Labor Law.

The Decree enters into force on June 5, 2019, and reviews each of these laws to allow parents to take time off the job to care for kids under the age of 16 diagnosed with cancer.

Social Security Laws

Article 140 Bis has been added to the Social Security Law to grant new care leave to insured working mothers or fathers whose children up to the age of sixteen were diagnosed with cancer of any kind by the Mexican Institute of Social Security (IMSS) in the following conditions.

The IMSS may issue a certificate certifying the oncological condition and therapy duration so that the employer is conscious of the need and length of such leave.

The care leave certificate awarded by the IMSS is applicable for up to 28 days to the insured dad or wife. IMSS may issue as many certificates as necessary within three years, but the employee’s leave cannot exceed a total of 364 days.

Care leaves granted to the working parent shall cease in the following situations:

  • When the minor no longer requires hospitalization or medical rest during the critical periods of treatment;
  • Due to the death of the minor;
  • When the child turns 16 years old; or
  • When the parent who receives the leave is hired by a new employer.

Article 37 Bis was also added to the Law of the Institute of Security and Social Services of State Workers to effectuate this leave.

Federal Labor Law

Furthermore, a fresh Section IX has been introduced to Article 42 of the Federal Labor Law in order to recognize care leave as a cause of temporary suspension of the employment relationship and payment of salaries without accountability for the employee and employer.

Finally, the Federal Labor Law requires employers to grant workers care leaves as provided for in Article 140 Bis of the Law on Social Security. Federal law now specifically acknowledges the right of minors ‘ parents diagnosed with any sort of cancer to enjoy the appropriate care leave.

Sajid Mir
ABOUT THE AUTHOR
Sajid Mir
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
Get started today.
Set up a free trial based on your business needs. Start Free Trial

Workforce Management Trends For 2015

What a tumultuous year 2014 was! Across the world, we saw companies slowly emerging from the depths of a widespread recession. Many organizations changed or reworked internal processes to improve…Read More

One Image, Two Very Different Interpretations: What Does it Mean in Business?

Gender equality may be an idealistic goal, but the point of humanity is to get more out of our lives By Lakshmi Raj, Co-founder and Co-CEO at Replicon Entrepreneur |…Read More

The Troubling Issue of VC “Fake it Till You Make it” Culture

By Lakshmi Raj, Co-founder and Co-CEO at Replicon Medium | November 12, 2019 Given the auspicious start of WeWork’s growing empire, few expected that investors would lose enough confidence to…Read More

Common pitfalls in professional services organizations & how to avoid them (1/3)

The professional services organization (PSO) landscape is changing -- employees are harder to recruit and retain, a globalized marketplace increases competition for clients, clients want more for less, and management…Read More

Exempt vs non-exempt workers: simplify employee classification

In the United States, most jobs are governed by the Fair Labor Standards Act (FLSA), which classifies workers into two broad categories: exempt and non-exempt. Under the FLSA, non-exempt employees are…Read More

The five reasons employees work overtime

Very few people enjoy working overtime, and even fewer companies want their employees stretching their hours. Besides the costs of paying overtime (and a few extra costs), research has shown…Read More
  • Cloud
  • In The News
  • Corporate
  • Professional Services Management
  • Project and Program Management
  • Shared Services Management
  • Time and Attendance Management
  • Workforce Management
  • Customer Feature
  • Feature Update
  • Time Intelligence
  • Industry News
  • Webinar Recap
  • Global Compliance Updates
  • 
    Chat with us
    How can we help you?