Parental leave in Mexico (2026)

Last reviewed: 7 November 2026

In short: Working mothers have 6 weeks of rest before and 6 weeks after birth, and workers have 5 paid working days of paternity leave. The social security institute pays 100% of the last daily contribution wage for 42 days before and after birth to insured women. A mother can return to her post if no more than a year has passed since the birth.

RuleWhat applies
Maternity leaveTaking parental leaveWorking mothers have a rest of 6 weeks before and 6 weeks after birth. With written medical authorisation, up to 4 of the 6 weeks before birth can be moved to after birth, and the rest after birth can be up to 8 weeks if the baby has a disability or needs hospital care. [1]
Paternity leaveTaking parental leaveEmployers must give male workers a paid paternity leave of 5 working days for the birth of a child, and likewise for adopting an infant. [1]
Parental leaveTaking parental leave⚠ Not yet verified
Pay during leaveTaking parental leaveInsured women receive a cash subsidy from the social security institute equal to 100% of the last daily contribution wage for 42 days before and 42 days after birth. It requires at least 30 weekly contributions in the 12 months before the payment starts, a certified pregnancy and no paid work in those periods. [2]
Job protectionTaking parental leaveA working mother has the right to return to her post if no more than one year has passed since the birth. The pre-birth and post-birth rest periods count towards her seniority. [1]

Notes

  • Read in the copy of the Orden Jurídico Nacional, which states the last reform as 21 February 2025. Later reforms, if any, are not shown.
  • A separate parental leave beyond maternity leave and the 5-day paternity leave was not found in the Federal Labour Law read for this page.
  • The Federal Labour Law says women receive their full salary during the rest periods and 50% of salary for up to 60 days when the periods are extended because they cannot work (art. 170, V).

Sources

  1. Orden Jurídico Nacional (Secretaría de Gobernación): Ley Federal del Trabajo (texto vigente, última reforma publicada 21-02-2025) (consulted 7 November 2026) · all sources
  2. Orden Jurídico Nacional (Secretaría de Gobernación): Ley del Seguro Social (texto vigente, última reforma 07-06-2024) (consulted 7 November 2026) · all sources

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