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Paternity leave draft reform

8 March 2024

On December 12, 2023, the House of Representatives of the Mexican Congress approved the Draft Decree amending and adding various provisions of the Federal Labor Law (“LFT” for its acronym in Spanish) and the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Mexican Constitution (the “Draft”), through which it is intended to increase paternity leave in the event of birth and/or adoption of an infant.

On that same date, the Draft was sent to the Senate for its evaluation and corresponding voting process.

RELEVANT ASPECTS TO THE DRAFT

▪ Currently, Article 132, Section XXVII Bis of the LFT requires employers to grant their employees paternity leave of 5 (five) working days with pay for the birth of their child or adoption of an infant.

▪ This Draft contemplates the need to increase paternity leave through the recognition of the need to balance work and family life, respect the right to the best interest of minors, prioritization of childcare, and adaptation to the evolution of ideas on gender equality.

AMENDMENTS TO LABOR LAWS

The reform to section XXVII Bis of the LFT seeks to increase the paternity leave from 5 (five) working days with pay to 20 (twenty) working days with pay.

It also provides for an extension of 10 (ten) additional days in case of complications following childbirth that affect the mother or the newborn.

In that sense, the Draft contemplates granting these same benefits to state employees, through the addition of Article 28 Bis to the Federal Law of State Employees, which regulates Section B) of Article 123 of the Mexican Constitution.

ENTRY INTO FORCE

The Draft is currently under review by the Mexican Senate and, if approved, would enter into force the day after its publication in the Federal Official Gazette.

In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.

52-81-24748538 
www.j-bravo.com
Blvd. Antonio L. Rodríguez 3000, Colonia Santa María, 5to piso, Interior 501 Torre Albia, C.P. 64650 Mty, N.L., México T.

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