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

Calculating the ROI of Your Projects with Time Tracking

Before initiating a project, professional services firms want to know how much profit and revenue they can generate for the company. Return on Investment (ROI) analysis helps firms to evaluate…Read More

Humanizing the Time Tracking Tool

Benjamin Franklin once said, ‘Time is money’ and nowhere is truer than in business. Time is a strategic asset that is extremely limited. Businesses that use their limited time productively…Read More

How Time Tracking Improves Bottom Line Results

Every enterprise is looking for ways to improve its bottom line and gain profit in a given time. From hiring the right talent to training their existing employees, organizations spend…Read More

Will AI replace consultants?

The onset of AI and smart machines automating formerly-human jobs has been discussed at length as of late -- often in relation to manufacturing and manual labor jobs. And yet,…Read More

Demystifying the millennial workforce: 5 tips from Trunk Club’s Andrew Anderson Devine

Time magazine labels the millennial generation the “most threatening and exciting generation,” infamous for “narcissism [and] its effect: entitlement.” In the workplace, the perception of the millennial workforce is no…Read More

Time and Attendance Orientation Guide

In a growing business, the day will eventually come when managing time and attendance on paper becomes both inefficient and risky, especially when trying to balance things like overtime, paid…Read More
  • Polaris
  • Time & Project Insights
  • Time & Projects Solutions
  • Replicon Products
  • Replicon Users
  • Cloud
  • Corporate
  • Professional Services Management
  • Shared Services Management
  • Time and Attendance Management
  • Customer Feature
  • Time Intelligence
  • Industry News
  • Global Compliance Updates
  • Others