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.