On December 14, 2022, Mexico’s Senate of the Republic approved the final project to modify Articles 76 and 78 of the Federal Labor Law (FLL), under which employees will be entitled to more mandatory and paid vacation days.
The House of Representatives made some amendments to the original project, including one allowing employees to decide on the distribution of the vacation days that they have earned. The final project has been sent to the executive branch for its publication in the Official Gazette of the Federation (Diario Oficial de la Federación).
The amendment is not enforceable until publication. Nevertheless, the government’s intention is to make it effective beginning on January 1, 2023. The amendment will apply on all employment contracts and collective bargaining agreements from the date the amendment is published.
With the reform, employees will be entitled to vacation leave as follows:
| Years worked | Vacation leave entitlement |
| 1 | 12 days |
| 2 | 14 days |
| 3 | 16 days |
| 4 | 18 days |
| 5 | 20 days |
| 6 to 10 | 22 days |
| 11 to 15 | 24 days |
| 16 to 20 | 26 days |
| 21 to 25 | 28 days |
| 26 to 30 | 30 days |
| 31 to 35 | 32 days |
The Mexico City office of Ogletree Deakins will continue to monitor and report on developments with respect to the Reform to the Federal Labor Law regarding vacation leave and will post updates on the firm’s Cross-Border and Leaves of Absence blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.
