Social Security Law, 1995, Mexico (Sick Leave)

Social Security Law, 1995, arts. 58, 91-92, 98. (Sick Leave)

Currently, there is no mandatory unpaid medical leave of absence benefit in Mexico. Employees may receive sick pay for up to 52 weeks if their illness or disability is certified in a medical certificate authenticated by medical authorities and the social security system in Mexico, known as the Mexican Social Security Institute (IMSS).

Employees may receive temporary disability benefits amounting to 52 weeks, and the statutory leave may be extended to another 52 weeks if necessary. Employees are also entitled to permanent partial disability or permanent total disability, which is permanent leave that is paid for by IMSS.

During their leave, employees may receive up to 60% their regular salary from the fourth day of their illness and up to one year. If their illness or injury happened at work, then federal labor law requires that employers pay 100% of the employee’s regular wage.