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New Forms Offer Flexibility for Employees Seeking Maternity Leave in Mexico

Authors: Ana Paula Delsol Espada (Mexico City), Pietro Straulino-Rodriguez (Mexico City), Stefano Sandoval Malori (Mexico City)

Published Date: September 14, 2016

Pursuant to the November 30, 2012, amendment to the Mexican Federal Labor Law (FLL) that took effect on December 1 of the same year (the “Reform”), the FLL incorporated, among other things, changes in the law focused on maternity disability periods.

Prior to the Reform, there was no flexibility regarding when and how the six-week pre-birth and the six-week post-birth disability periods were used. In this regard, under the Reform, Article 170 of the FLL became flexible, allowing for the possibility of a pregnant employee’s transfer of up to four weeks of the six pre-birth disability weeks to the six post-birth disability weeks. The Reform permitted pregnant employees to obtain longer post-birth disability periods of up to 10 weeks.

In order to achieve the aforementioned transfer, the following conditions must be met: (1) the pregnant employee must request in writing (through the format described following paragraph) to the Mexican Social Security Institute (IMSS), a transfer of the corresponding weeks; (2) the treating doctor of the IMSS (or the private doctor, should it be the case) must authorize in writing such transfer (through the format described following paragraph); and (3) the pregnant employee must take into consideration the opinion of her employer and the nature of her work activities.

In connection with the foregoing, in July of 2016, the IMSS issued the “Pre-Birth Disability Week Transfer Format” and the “Treating Doctor Authorization Form,” standard forms through which pregnant employees will have to request the IMSS authorization to transfer up to four of the six pre-birth disability weeks, to the 6 post-birth disability weeks. If a transfer is authorized, the IMSS will issue a “Unique Maternity Disability Certificate,” which will allow a pregnant employee to justify absences from work during the corresponding maternity disability period. The forms be downloaded from the IMSS website here.

Finally, please note that an update of the “Unique Autodetermination System” (SUA)—used by employers to pay social security contributions to the IMSS—is required in order to be able to report maternity disability periods, in connection with the Reform. This update may be downloaded from the IMSS website.

Ana Paula Delsol Espada  (Mexico City)

Ana Paula Delsol Espada

Ana Paula Delsol Espada joined Ogletree Deakins in September of 2014. Previously, she worked in private practice at a leading law firm in Mexico City with the Labor, Social Security and Immigration Practice Group. She has also previously worked at the Civil Board on Altamira, Tamaulipas as an Agreements Secretary’s assistant from 2008 to 2010. Ana speaks both Spanish and English.

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Pietro Straulino-Rodriguez  (Mexico City)

Pietro Straulino-Rodriguez
Pietro Straulino-Rodríguez is the managing partner of the Mexico City office of Ogletree Deakins. Before starting at Ogletree Deakins, Pietro worked for a number of years as a partner in private practice at a leading law firm in Mexico City in the firm’s Labor, Social Security and Immigration practice group. Previously he worked for a major labor boutique in Mexico City, in which he participated as an advisor and litigator in several matters. In addition, Pietro worked in the legal...

Stefano Sandoval Malori  (Mexico City)

Stefano Sandoval Malori
Stefano Sandoval Malori joined Ogletree Deakins in January 2016. Prior to that, Stefano joined a small local law firm as Partner of the Labor, Employment and Social Security Practice Group (2015). Previously, he collaborated as Senior Associate in one of the most prestigious law firms in Mexico (2014), during such time, Stefano focused his practice in labor and employment consulting, hiring and termination processes of executives, personnel downsizings and employee transfers, labor...

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