Paternity Leave Extension coming soon.

Mexico City, December 15, 2023.

On December 12, 2023, the House of Representatives (Camara de Diputados), passed the project of the bill to amend the Federal Labor Law and the Federal Law of Workers at the Service of the State, aimed to extend the paternity leave granted to employees, both in the private sector and in the public service.

In this regard, the approved bill foresees that paternity leave be increased from five to twenty working days with full pay when a child is born or adopted. The leave may be extended for up to 30 days for complications during childbirth that may have affected the health of the mother or the newborn.

This amendment aims for several objectives, among which, the following stand out:

  • Reduce gender gaps in the labor market.
  • Provide more time for men to be involved in the care and upbringing of their children.
  • Set mechanisms for a better distribution of household and parenting responsibilities.
  • Encourage responsible fatherhood amongst working men.
  • Contribute to fathers being able to establish bonds with their children, which would have a positive impact on their development.

Thus, the amendment seeks to promote human rights and gender perspectives to achieve substantive equality for all employees.

The project was approved by 409 votes in favor and turned to the Senate for review and approval. 

Unless there is an extraordinary period of sessions of the Federal Congress, the paternity leave amendments will continue its legislative process in the next ordinary period, which will begin in February 2024. 

If approved by the Senate, the bill will be published in the Official Gazette of the Federation and become effective as of the day following its publication.

This article was prepared with the assistance of Gabriela Guadarrama García.

The attorneys of the labor and employment practice at Basham, Ringe y Correa, S.C., remain available if you have any questions or comments.

Sincerely,

Jorge G. De Presno Arizpe

jorgedepresno@basham.com.mx

David Puente Tostado

dpuente@basham.com.mx

Luis Álvarez Cervantes

lalvarez@basham.com.mx