How Maternity and Paternity Leave Policies Work in Mexico (And What Companies Should Know)
Discover how maternity and paternity leave policies work in Mexico. Learn about employee rights, company obligations, and how to remain compliant with labor laws.
When expanding operations or hiring talent in Mexico, understanding maternity and paternity leave policies is essential—not just to stay compliant, but to support a healthy workplace culture. Unlike in some other countries, these benefits in Mexico are legally mandated and carefully regulated.
Whether you’re a multinational enterprise or a startup growing through an Employer of Record in Mexico, knowing your responsibilities is critical to avoiding legal risk and building trust with your workforce.
What the Law Says: Maternity Leave in Mexico
According to Mexico’s Federal Labor Law (Ley Federal del Trabajo), maternity leave includes:
- 12 weeks of paid leave: six weeks before and six weeks after the birth.
- Optional reassignment: Women can request to transfer up to four weeks of prenatal leave to postnatal, if approved by a doctor and employer.
- Additional time off in cases of pregnancy-related illness or complications.
- IMSS Coverage: Women covered under the Mexican Social Security Institute (IMSS) receive 100% of their salary during maternity leave, funded by the system—not the employer.
Companies must also ensure job protection during leave. Dismissing a pregnant employee is grounds for legal action unless due cause is proven unrelated to the pregnancy.
Paternity Leave in Mexico: Where It Stands
Since the 2012 labor reform, fathers in Mexico are entitled to:
- 5 working days of paid paternity leave after the birth or adoption of a child.
- In some cases, additional days can be granted through collective bargaining agreements or company policies.
Although minimal, paternity leave in Mexico is gaining more attention, especially as companies aim to improve their diversity, equity, and inclusion (DEI) practices.
Key Employer Responsibilities
If you’re hiring in Mexico—whether directly or through an EOR—you need to ensure:
- IMSS Enrollment: Employees must be registered with IMSS to receive paid maternity benefits.
- Job Security: Maternity or paternity leave cannot be used as grounds for termination.
- Accurate Payroll Management: Benefits and leave days must be reflected properly in payroll reports.
For more on how to handle IMSS contributions, payroll and labor benefits in Mexico, read this guide.
Going Beyond Compliance: Competitive Advantage
Many companies in Mexico offer extended maternity or paternity leave, flexible return-to-work options, and additional childcare support. These practices are not required by law, but they help:
- Improve employee retention
- Attract top bilingual or executive-level talent
- Strengthen your employer brand in the region
When working with a local Employer of Record in Mexico, you can customize benefit packages that go beyond minimum compliance while remaining legally sound.
What About Remote and Hybrid Employees?
If your team works remotely but is employed in Mexico, local labor laws still apply. Whether working from home in CDMX or from a beach in Yucatán, maternity and paternity leave rights are protected by national legislation.
To ensure full compliance, businesses often choose to hire remote talent through EOR platforms that can manage benefits and legal reporting efficiently. Here’s how an EOR can help.
Final Thoughts
Understanding maternity and paternity leave in Mexico is about more than avoiding penalties—it’s a sign that your company respects its people. Whether you’re hiring directly or via an EOR, having clear policies aligned with Mexican labor law sets your team (and your brand) up for long-term success.
