Legislative Update
Leave for the medical care of children diagnosed with Cancer
Mexico City, 5 junio 2019

The Decree by means of which new provisions were incorporated to the Social Security Law, the Security and Social Services Institute for Public Servants Law and Federal Labor Law, in connection with the granting of leaves in favor of working parents whose children under sixteen years old have been diagnosed with cancer, was published in the Federal Official Gazette on June 4, 2019.

Articles 140 Bis of the Social Security Law and 37 Bis of the Security and Social Services Institute for Public Servants Law establish the terms and conditions under which the referred leaves will be granted, as follows:

  • The license will be granted by the Mexican Social Security Institute (IMSS) or by the Security and Social Services Institute for Public Servants (ISSSTE), as the case may be, at the express request of one of the parents; under no circumstance the leave shall be granted to both parents.

  • The purpose of the leave is enabling parents to accompany their children under sixteen during the critical periods of their medical treatment or hospitalization.

  • The IMSS and the ISSSTE will issue a certificate stating the child’s oncological condition and the duration of the medical treatment.

  • Leaves up to 28 days may be granted as necessary during a maximum period of three years. In no case the total leave period may exceed 364 days.

  • Depending on the number of weeks registered with the IMSS or ISSSTE by the working parents, they may enjoy a cash subsidy equivalent to 60% of the daily salary with which they are currently enrolled before such Institutes.

  • The leaves will be considered as a temporary suspension of the employment relationship, in terms of article 42, section IX, of the Federal Labor Law.

  • These new provisions will become effective as of June 5, 2019.

  • The implementation of these leaves shall not affect in any way the cost of social security dues and contributions to be paid to the IMSS.

    This document is a summary for information purposes only. It does not constitute any opinion nor may it be used nor quoted without our previous written approval. We do not assume any liability for the content, scope, or use of this document.

    For any comment regards this memorandum, please address Nadia González, Counsel in charge of the labor practice of Galicia Abogados: ngonzalez@galicia.com.mx