Employing Help in Mexico - Maternity / Paternity / Adoption / Surrogacy Rights

Pregnant and nursing women must not: work night shifts in industrial plants that have a hazardous work environment; work after 10.00 pm in commercial or service establishments; work overtime; carry out any work that could endanger their health or that of their child. This includes work involving the use of considerable force (for example, lifting or pushing) and standing for long periods of time.

Pregnant employees are entitled to six weeks' statutory maternity leave before and six weeks after giving birth. During maternity leave, the IMSS pays the employee's registered salary. If the employee's salary is above the cap registered salary (25 times the minimum daily wage), then the employer pays the difference between that amount and the employee's total wage. Pregnant employees, subject to prior medical approval and authorization from the employer and IMSS, may transfer up to 4 weeks of the six weeks, which are supposed to be enjoyed prior to the childbirth, to the moment after the birth.

During the nursing period, the new mother is entitled to two additional 30-minute rest periods every day to feed the child, in an adequate and hygienic place set aside by the employer. This provision is available to the mother for up to 6 months following the birth.

When returning from maternity leave, the employee is entitled to be reinstated, provided that not more than one year has passed since the date of childbirth.

Paternity Rights

Fathers are entitled to five days paternity leave in the event of child’s birth.

Surrogacy

There are no rights for employees in cases of surrogacy in Mexico.

Adoption Rights

Female employees that adopt a child are entitled to take adoption leave of six weeks when they take placement of a child.

Fathers' that adopt a child are entitled to five days leave when they take placement of a child.

Parental Rights

There are no parental rights for employees in Mexico.