Leave Policy in Mexico 2025: Complete Employer & Employee Guide

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Mexico, with its fast-growing economy, strategic trade ties through USMCA, and strong workforce in manufacturing, technology, and services, continues to be a top destination for global companies. From automotive production in Monterrey to IT outsourcing in Guadalajara, the country offers diverse opportunities for hiring in Mexico. However, entering the Mexican market requires strict compliance with the Federal Labor Law (Ley Federal del Trabajo – LFT).

One of the most important compliance areas is understanding the leave policy in Mexico, which ensures fair treatment of employees, workplace productivity, and legal alignment with national labor rights. The government centrally regulates these policies, while collective bargaining agreements and employer practices enhance benefits.

This guide provides global employers, HR managers, and employees with a comprehensive overview of leave entitlements in Mexico, including annual leave, maternity and paternity benefits, sick leave, public holidays, and other special leave types.

Table of Contents

Adoption Leave in Mexico

The Federal Labor Law (Ley Federal del Trabajo – LFT), coordinated through the Mexican Social Security Institute (IMSS), regulates adoption leave in Mexico and provides adoptive parents time to bond with their child and manage new family responsibilities.

  • Duration: Adoptive mothers get six weeks of paid leave after the adoption is finalized, while adoptive fathers get five working days of paid leave.
  • Special cases: If the adopted child has special health needs or disabilities, employers may extend additional leave, often supported by IMSS or company policy.
  • Multiple adoptions: When parents adopt more than one child simultaneously, they receive additional leave benefits in line with social security and employer agreements.

Employer responsibility: Employers must grant this leave fairly and without discrimination. Employees present official adoption or guardianship documents and notify employers in advance. This allows companies to process payroll adjustments correctly and coordinate reimbursements with IMSS.

Earned Leave (Annual Leave) in Mexico

The Federal Labor Law governs annual leave in Mexico and increases it with seniority.

  • Employees with 1 year of service: 12 days of paid leave.
  • Each subsequent year: Leave increases by 2 days annually, up to 20 days.
  • From the 6th year onward: Leave increases by 2 days every 5 years of service.
  • Employees also receive a vacation bonus (prima vacacional) of at least 25% of regular salary during leave.

Employers must ensure accurate payroll processing to include vacation bonuses in compliance with labor law.

Suggested Read: Employer of Record Mexico: A Comprehensive Guide 2025

Maternity Leave in Mexico

Maternity leave is fully regulated and mandatory in Mexico.

FeatureDetails
Maternity Leave12 weeks (6 before birth, 6 after)
ExtensionsMay be extended if medically required
PaymentPaid at 100% of salary by IMSS, provided contributions are up to date
Notice RequirementMedical certification must be presented to the employer
Job ProtectionEmployers cannot terminate employees during maternity leave

Employers must coordinate with IMSS and handle documentation correctly to remain compliant. Employer of Record Services Mexico make this process seamless for global companies.

Parental Leave in Mexico

Mexico does not have a broad statutory parental leave beyond maternity and paternity. However, entitlements exist:

Type of Parental LeaveDurationDetails
Paternity Leave5 working daysPaid, applies to biological and adoptive fathers
Parental ExtensionsSubject to employer policiesSome companies provide additional unpaid leave

Global Contractor Management allows international employers to extend parental leave benefits beyond statutory requirements to remain competitive.

Paternity Leave in Mexico

Paternity leave ensures fathers can support their families after childbirth or adoption.

  • Fathers receive 5 working days of paid leave, funded by the employer.
  • Employees take leave immediately following childbirth or adoption.
  • Many employers, especially multinationals, extend this leave to attract and retain talent.

Public Holidays in Mexico

Mexico has mandatory public holidays defined under the Federal Labor Law. Employers must grant paid leave on these days.

HolidayDate (2025)
New Year’s Day1 January
Constitution Day3 February (observed)
Benito Juárez’s Birthday17 March (observed)
Labor Day1 May
Independence Day16 September
Revolution Day17 November (observed)
Change of Federal Government1 October (every six years; next in 2030)
Christmas Day25 December

Employees who work on a holiday receive triple pay (double for the holiday + regular pay). Employers must reflect this in payroll processing.

Sick Leave Policy in Mexico

Sick leave is regulated under social security.

CategoryEntitlement
General Illness60% of salary from IMSS from the 4th day of illness, up to 52 weeks
Work-Related Injury100% of salary from the first day, covered by IMSS
Employer ObligationCover wages for the first 3 days of illness before IMSS coverage begins

Employees must present medical certificates from IMSS-approved doctors. EOR in Mexico ensures correct coordination with IMSS.

Casual Leave in Mexico

Casual leave is not specifically defined under law but is often granted by employers for emergencies or personal matters.

  • Usually 1–2 days at employer discretion.
  • May be deducted from PTO or treated as unpaid leave.
  • Employers should apply policies consistently to avoid disputes.

Unpaid Leave in Mexico

Employees may request unpaid leave in specific cases:

  • Extended illness beyond IMSS coverage.
  • Personal or educational reasons.
  • Family care responsibilities.

Employers must document unpaid leave formally to avoid compliance risks.

Other Special Leave Types in Mexico

Mexico provides additional leave entitlements under labor law and employer policies:

  • Marriage Leave: 3 days of paid leave.
  • Bereavement Leave: 3 days of paid leave for death of spouse, children, parents, or siblings.
  • Union Duties Leave: Time off for employees elected to represent unions.
  • Training Leave: For accredited professional training programs.

Suggested Read: The Complete 2025 Guide to Labour Laws in Mexico

Digital Leave Management in Mexico with Asanify AI

Managing leave in Mexico can be challenging due to IMSS reimbursements, vacation bonus requirements, and triple pay for holidays. Manual systems often create payroll errors and compliance issues. Asanify AI automates these processes for global companies.

Here’s how Asanify supports employers:

  • Real-time leave tracking with vacation bonus integration.
  • Slack and mobile approvals for instant HR workflows.
  • Integrated payroll processing aligned with IMSS rules and holiday pay multipliers.
  • Audit-ready reports ensuring compliance with Mexican labor law.
  • Automation of statutory benefits like maternity, paternity, and sick leave entitlements.

By partnering with EOR in Mexico through Asanify, global companies ensure compliance, efficient Global Contractor Management soilutions, and employee satisfaction without setting up a local entity.

FAQs

How many vacation days do employees get in Mexico?

12 days after the first year, increasing with seniority.

Is maternity leave paid in Mexico?

Yes, 12 weeks of leave are paid by IMSS at 100% salary.

How many days of paternity leave are given in Mexico?

5 working days of paid leave.

Do employees receive extra pay on holidays?

Yes, employees working on holidays must be paid triple.

Who pays for sick leave in Mexico?

Employers pay for the first 3 days; IMSS covers subsequent days.

Can employers deny unpaid leave?

Yes, but they must handle requests fairly to avoid disputes.

How can global employers manage compliance in Mexico?

By partnering with Asanify’s Employer of Record Services Mexico, which ensures compliance and smooth payroll processing.

Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant  or Labour Law  expert for specific guidance.