How to Handle Employee Absenteeism in Mexico Without Breaking Labor Law
Employee absenteeism is one of the top headaches for HR teams in Mexico—especially in industries with rotating shifts, manual labor, and high turnover. But mishandling no-shows, late arrivals, or unjustified absences can land your company in hot water with Mexico’s labor courts.
Whether you manage an industrial plant, a call center, or a remote team, here’s what you need to know about employee absenteeism, disciplinary action, and termination risks under Mexico’s Federal Labor Law (LFT).
📌 What Counts as Absenteeism in Mexico?
In Mexico, absenteeism usually means an employee misses work without prior notice or justification. Legitimate reasons include:
- Illness, with a valid doctor’s note issued by the IMSS (Mexican Social Security Institute).
- Maternity or paternity leave.
- Vacation days, if approved in writing.
- Official leave for union activities or training.
If a worker misses work without an acceptable excuse, it counts as unjustified absence—but you can’t automatically fire them without following proper procedures.
⚖️ When Can Absenteeism Lead to Termination?
Article 47 of the Federal Labor Law states you can terminate an employee without severance if they accumulate:
✅ More than three unjustified absences in a 30-day period, or
✅ Two consecutive days of unjustified absence.
But there’s a catch: you must prove you tried to locate the employee, asked for an explanation, and gave them a chance to justify the absence. If you skip this process, any termination can be challenged in labor court.
🔗 Related: How Much Evidence Do You Need to Win a Labor Lawsuit in Mexico?
📝 Disciplinary Action: Warnings and Evidence
Before you dismiss someone for absenteeism, build a solid record:
- Written Policies
Include clear attendance rules in your internal work regulations (Reglamento Interior de Trabajo). - Verbal and Written Warnings
Document all warnings. Verbal warnings should be confirmed in writing. - Absence Reports
Keep sign-in sheets, time cards, or digital logs. - Delivery of Notices
Deliver warnings personally or via registered mail. Courts often reject evidence that isn’t properly notified.
🔗 Related: Can Verbal Warnings Be Used as Legal Evidence in Mexico’s Labor Courts?
📝 Disciplinary Action: Warnings and Evidence
Before you dismiss someone for absenteeism, build a solid record:
- Written Policies
Include clear attendance rules in your internal work regulations (Reglamento Interior de Trabajo). - Verbal and Written Warnings
Document all warnings. Verbal warnings should be confirmed in writing. - Absence Reports
Keep sign-in sheets, time cards, or digital logs. - Delivery of Notices
Deliver warnings personally or via registered mail. Courts often reject evidence that isn’t properly notified.
🔗 Related: Can Verbal Warnings Be Used as Legal Evidence in Mexico’s Labor Courts?
🚫 Common Mistakes Employers Make
❌ Deducting salary arbitrarily.
You can’t make random pay deductions for tardiness or no-shows unless your policy is clear and the employee agrees in writing.
❌ Forcing unpaid leave.
Absences must be documented; you can’t convert them into unpaid days off without due process.
❌ Terminating on the spot.
Firing for absenteeism without proper evidence or notice usually leads to costly reinstatement lawsuits.
🏥 What About Sick Leave?
If an employee presents a valid medical certificate from IMSS, the absence is justified—even if they deliver it late. Refusing to honor legitimate sick leave is one of the fastest ways to lose a labor case.
✅ Best Practices to Control Absenteeism
✔️ Have clear policies in your contracts and internal work rules.
✔️ Communicate expectations during onboarding and training.
✔️ Use timekeeping systems—digital or manual—and audit them regularly.
✔️ Offer support for frequent no-shows: check for burnout, health issues, or transportation problems.
✔️ Apply disciplinary actions consistently, regardless of seniority or role.
💡 Should You Use an EOR?
If you hire remote or distributed teams, an Employer of Record (EOR) can help manage local compliance, payroll, and disciplinary procedures. This reduces your exposure to wrongful termination claims.
🔗 Related: The Role of EORs in Blue Collar Recruitment in Mexico’s Manufacturing Sector
🧑⚖️ Key Takeaways
Absenteeism is a real problem in Mexico’s labor market—but mishandling it can cost more than the lost productivity. Always follow due process, keep solid evidence, and respect employees’ rights to avoid costly disputes.
