Managing employee leave and vacation entitlements is a critical aspect of compliance and employee satisfaction when operating in Mexico. The country's labor laws provide clear guidelines on various types of leave, ensuring employees receive adequate time off for rest, personal matters, illness, and family events. Understanding these regulations is essential for employers to maintain legal compliance and foster a positive working environment.
Mexican labor law mandates specific minimum entitlements for different types of leave, including annual vacation, public holidays, sick leave, and parental leave. Adhering to these requirements is not only a legal obligation but also contributes to effective workforce management and employee well-being.
Annual Vacation Leave
Mexico's Federal Labor Law (Ley Federal del Trabajo) establishes minimum annual vacation entitlements based on an employee's years of service with the company. As of recent changes, the minimum entitlement for the first year of service significantly increased. Vacation days must be taken consecutively, with a minimum of 12 days for the first year.
The minimum vacation days accrue as follows:
| Years of Service | Minimum Vacation Days |
|---|---|
| 1 | 12 |
| 2 | 14 |
| 3 | 16 |
| 4 | 18 |
| 5 | 20 |
| 6-10 | 22 |
| 11-15 | 24 |
| 16-20 | 26 |
| 21-25 | 28 |
| 26-30 | 30 |
| 31-35 | 32 |
For every subsequent five years of service after the first five, two additional vacation days are added. Employees are also entitled to a vacation premium (prima vacacional) equal to at least 25% of their regular salary for the vacation period. Vacation days must be granted within six months following the employee's anniversary date.
Public Holidays
Mexico observes several mandatory public holidays throughout the year. Employees are generally entitled to a paid day off on these dates. If an employee is required to work on a mandatory holiday, they must receive triple pay for that day (their regular daily wage plus two times that amount).
Mandatory public holidays for 2025 include:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| February 3 | Constitution Day (observed the first Monday) |
| March 17 | Birthday of Benito Juárez (observed the third Monday) |
| May 1 | Labor Day |
| September 16 | Independence Day |
| November 17 | Revolution Day (observed the third Monday) |
| December 1 | Change of Federal Executive Power (occurs every six years) |
| December 25 | Christmas Day |
Note that the December 1st holiday is specific to the year when a new president takes office.
Sick Leave Policies
Employees in Mexico are entitled to sick leave when they are unable to work due to illness or injury. To be eligible for paid sick leave benefits, employees typically need a medical certificate (incapacidad temporal) issued by the Mexican Institute of Social Security (IMSS) or another authorized medical institution.
Sick leave pay is generally covered by the IMSS, not directly by the employer, after a waiting period. For common illness, IMSS pays 60% of the employee's registered salary starting from the fourth day of incapacity. For work-related injuries or illnesses, IMSS pays 100% of the registered salary from the first day. The duration of paid sick leave depends on the medical assessment and the nature of the illness or injury. Employers are responsible for ensuring employees are registered with IMSS and for managing the administrative process related to sick leave claims.
Parental Leave
Mexican law provides entitlements for maternity, paternity, and adoption leave.
Maternity Leave
Pregnant employees are entitled to 12 weeks of paid maternity leave, typically taken as 6 weeks before the expected delivery date and 6 weeks after. This leave can be adjusted upon medical recommendation, allowing up to 4 weeks before and 8 weeks after, or the full 12 weeks after delivery if agreed upon by the employer and the employee, and authorized by IMSS. During maternity leave, employees receive 100% of their registered salary, primarily covered by IMSS. Upon returning to work, mothers are entitled to two paid 30-minute breaks per day for six months to breastfeed.
Paternity Leave
Fathers are entitled to 5 working days of paid paternity leave upon the birth of a child or in the case of adoption. This leave is paid by the employer.
Adoption Leave
In the case of adoption, a female employee is entitled to 6 weeks of paid leave following the day they receive the child. A male employee is entitled to 5 working days of paid leave following the day they receive the child.
Other Types of Leave
While annual vacation, public holidays, sick leave, and parental leave are the most common and explicitly regulated types of leave, other forms may exist based on company policy, collective bargaining agreements, or specific circumstances. These can include:
- Bereavement Leave: Some companies offer a few days of paid leave in the event of the death of a close family member. This is not a statutory requirement but is a common benefit.
- Study Leave: Employees pursuing education relevant to their job or industry may be granted leave, often unpaid, depending on company policy.
- Sabbatical Leave: Longer periods of leave for personal or professional development may be offered by some employers, typically after several years of service, and are not legally mandated.
- Union Activities Leave: Employees who are union representatives may be entitled to time off for union duties as specified in collective agreements.
Employers should clearly define policies for these non-statutory leave types in their internal regulations or employee handbooks.
