The bill was passed by the Mexican Parliament on 12 December 2023, and if approved by the Mexican Senate, will amend the Federal Labor Law and the Federal Law of Workers at the Service of the State. The paternity leave increase aims to promote gender equality, create a better distribution of childcare duties between working parents, and allow fathers to better bond with their children.
Paternity leave will continue to be paid at 100% of the employee’s salary by the employer. Timing for taking the leave and service requirements also remain unchanged.
The bill also enables fathers to extend their paternity leave to as much as 30 days in the event of medical complications during childbirth affecting the health of the mother and/or the child. In this case, fathers will be required to provide their employer with a medical certificate justifying the extension of their leave.
Employers should monitor this legislation and begin planning for the additional time off. Companies that are subject to a collective agreement or currently provide already fully paid paternity leave above the statutory requirement should clarify how their supplemental policy will interact with the new requirements.