Employee Leave Laws in Mexico: A Complete Guide for Employers
Mexico is one of Latin America's largest labor markets for foreign employers, and its leave rules are unusually protective of workers. They run through two overlapping frameworks: the Federal Labor Law (LFT) and the Mexican Social Security Institute (IMSS). Employers need to know not only how many days are owed but who pays for them, since IMSS funds several benefits that employers often assume sit on their own books. Mexican authorities and courts tend to favor employees, so leave errors are a common source of disputes and severance claims.
How long is maternity leave in Mexico?
Mothers are entitled to 12 weeks: six before the expected due date and six after delivery. With medical authorization, up to four prenatal weeks can be moved to after the birth. If the newborn is hospitalized or has a disability, the post-delivery period can extend to eight weeks.
Pay is 100% of the registered contribution salary. IMSS pays directly when the employee has at least 30 weeks of contributions in the 12 months before leave, subject to an IMSS wage cap. If she does not meet that threshold, the employer pays the full salary. Maternity leave applies from day one, including probation, and dismissal because of pregnancy or leave is prohibited.
Adoptive mothers receive six weeks of paid leave from the day the child is placed with them. Nursing mothers get two 30-minute breastfeeding breaks a day, or a one-hour reduced workday, for up to six months after returning.
How many days of paternity leave are there in Mexico?
Fathers, including in recognized same-sex couples, get five working days of paid leave from the birth or adoption under Article 132, Fraction XXVII Bis of the LFT. The employer pays the full cost, not IMSS, and it applies from day one. A proposal to extend it to 20 days had not been enacted as of mid-2026, but it would shift a meaningful cost onto employers if it passes.
How does sick leave work in Mexico?
Short-term illness runs largely through IMSS. For a non-work-related illness or injury, the first three days are typically unpaid and IMSS pays from the fourth day, commonly cited at 60% of registered salary and subject to contribution history, for up to 52 weeks with continued medical certification. For work-related injuries or occupational illness there is no waiting period and IMSS pays 100% from day one. Some collective bargaining agreements top up the unpaid days or the 60% rate, so always check the applicable contract.
How many vacation days do employees get in Mexico?
Since the Vacaciones Dignas reform effective January 1, 2023, the minimum is 12 days in year one, rising as follows:
• Year 2: 14 days
• Year 3: 16 days
• Year 4: 18 days
• Year 5: 20 days
• Years 6 to 10: 22 days
• Years 11 to 15: 24 days, then +2 days for each additional five years
Employees also receive a prima vacacional of at least 25% of the wages for their vacation days. Policies still built on the pre-2023 six-day baseline are out of compliance.
What are Mexico's public holidays?
Mexico has seven mandatory statutory holidays, plus an extra one every six years tied to the presidential inauguration. Employees who work on an official holiday are paid triple: their normal daily wage plus double pay for the hours worked.
Does Mexico require bereavement, marriage or other leave?
Not at the federal level. The LFT has no statutory bereavement or marriage leave, no standalone leave for gender-based violence, and no general leave for medical appointments. Where these exist they come from company policy or a collective bargaining agreement. Bereavement proposals (five paid days) have been introduced repeatedly and have stalled in committee, so this is an area to monitor rather than a settled entitlement.
What should employers do now?
Confirm every vacation policy reflects the post-2023 schedule and pays the 25% prima vacacional. This is the most common gap in older Mexico policies and copied contract templates. Understand the IMSS and employer funding split, since employers remain liable for maternity pay when an employee does not qualify, for the full cost of paternity leave, and for the first three days of most non-occupational sick leave. Do not assume bereavement or marriage leave is statutory just because it is common in neighboring markets. The Secretaría del Trabajo y Previsión Social publishes official guidance.
Frequently asked questions
How many weeks of maternity leave are there in Mexico?
12 weeks, six before the due date and six after, paid at 100% of registered salary. IMSS pays when contribution requirements are met.
How many vacation days do employees get in Mexico in 2026?
At least 12 days in the first year, increasing to 14, 16, 18 and 20 days in years two through five, plus a vacation premium of at least 25%.
Is there statutory paternity leave in Mexico?
Yes. Fathers receive five working days of paid leave, paid by the employer.
Does Mexico have mandatory bereavement leave?
No. Federal law has no statutory bereavement leave. It exists only through company policy or collective bargaining agreements.
This guide is general information, not legal advice. Leave rules change often; confirm current requirements with local counsel or the official sources linked above.
