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Mexico

Vacation and Leave Policies

Understand the regulations on vacation and other types of leave in Mexico

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Holiday leave

Mexican law ensures that all employees are entitled to a minimum amount of vacation leave, with the number of days increasing as the employee's seniority increases. These entitlements are outlined in the Federal Labor Law (Ley Federal del Trabajo - LFT).

Minimum Vacation Days

Employees accrue 6 days of vacation leave after completing their first year of service. For each additional year of service, the number of vacation days increases by 2, up to a maximum of 12 days. For example, an employee who has completed 5 years of service is entitled to 16 days of vacation leave.

Increased Vacation Days with Seniority

Once an employee has completed 6 years of service, the number of vacation days increases by an additional 2 days for every 5 years of service. The maximum number of vacation days an employee can accrue is 28 days, which is reached after 21 years of service or more. For instance, an employee with 25 years of service would be entitled to 26 days of vacation leave.

Additional Points to Consider

The vacation days that are allotted are business days, and they do not include weekends or official holidays. In addition to vacation days, employees are also entitled to a vacation premium, which is equal to 25% of the salary they earn during their vacation period.

While employees have the right to decide when they want to take their vacation, employers do have some authority in scheduling. However, they must take into account the employee's preferences and reach a mutual agreement.

Employers cannot waive an employee's right to vacation. Employees have 6 months after completing a year of service to take their earned vacation days. If they do not take their vacation within these 6 months, they have an additional year to claim their vacation time from their employer, or they risk losing this benefit.

Public holidays

Mexico is known for its rich array of public holidays that reflect its unique blend of history, culture, and religion. These holidays offer a glimpse into the heart of Mexican traditions and provide a perfect opportunity to immerse oneself in the vibrant spirit of the country.

Statutory Holidays

Mexico recognizes ten statutory national holidays. However, only nine are observed annually. The tenth, falling on December 1st, coincides with a presidential inauguration and is only observed every six years. Here's a closer look at some of the prominent statutory holidays:

  • New Year's Day (January 1st): Like many countries worldwide, Mexico ushers in the new year with celebrations and festivities.
  • Constitution Day (February 5th): This day commemorates the signing of Mexico's Constitution in 1917, a pivotal document that established social and political reforms.
  • Birthday of Benito Juárez (March 18th): This holiday honors Benito Juárez, a revered president who championed liberal reforms and national independence during the 19th century.

Some holidays, like Maundy Thursday and Good Friday, are designated as optional public holidays. Businesses and government offices may choose to observe them, but they are not federally mandated days off for employees.

Other Important Holidays

Beyond the statutory holidays, Mexico observes several other significant days that hold deep cultural and religious meaning:

  • Day of the Dead (November 1st & 2nd): This cherished tradition honors deceased loved ones with vibrant festivities and offerings. While not a federal holiday, November 2nd is widely observed, with businesses and banks often closing their doors.
  • Independence Day (September 16th): This is the most important national holiday, celebrating Mexico's independence from Spain in 1810. Vibrant parades and joyous celebrations erupt across the country.

Exploring these public holidays allows one to experience the true essence of Mexico and gain a deeper appreciation for its rich cultural heritage.

Types of leave

Mexico provides a comprehensive framework for employee leave, covering various categories to support work-life balance and well-being. This includes paid time off, sick leave, maternity leave, paternity leave, and other types of leave.

Mexican law mandates paid vacation time for all employees under the Federal Labor Law (Ley Federal del Trabajo - LFT). The entitlement progressively increases with each five years of service:

  • First year: 6 working days
  • Subsequent 5-year increments: 2 additional working days (capped at 22 days)

Employers must pay a vacation premium equal to 25% of the salary earned during the vacation days. There are specific regulations regarding vacation scheduling and carryover provisions outlined in the LFT.

Sick Leave

Employees in Mexico are entitled to paid sick leave if they become ill or are injured on the job. However, the leave is not directly provided by the employer. Instead, the Mexican Social Security Institute (Instituto Mexicano del Seguro Social - IMSS) administers and finances this benefit. The duration of paid sick leave depends on the severity of the illness and the employee's disability, as determined by IMSS healthcare professionals. The LFT does not establish a minimum or maximum duration for sick leave.

Maternity Leave

Mexico offers generous maternity leave provisions as outlined in the LFT and the Social Security Law (Ley del Seguro Social - LSS):

  • Leave duration: 12 weeks (6 weeks before childbirth and 6 weeks after)
  • Salary coverage: 100% of the registered salary paid by IMSS

Maternity leave can be extended in specific circumstances with medical authorization. Additionally, mothers have the right to two 30-minute breaks per day for breastfeeding during the first six months after childbirth.

Paternity Leave

While not explicitly mandated by the LFT, paternity leave is increasingly offered by Mexican companies. The leave duration and compensation structure can vary depending on the employer's specific policy.

Other Leaves

  • Bereavement Leave: The LFT grants employees unpaid leave in the event of a death in their immediate family. The specific duration may vary depending on the company's policy.
  • Jury Duty Leave: Employees have the right to unpaid leave to fulfill jury duty obligations.
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