The purpose of this note is to inform about the opinion amending Article 132 of the Federal Labor Law and other federal provisions with the aim of extending paternity leave to 20 days.
Background
Currently, Article 132 of the Federal Labor Law in its subsection XXVII Bis establishes as an obligation for employers to grant a five-day paid paternity leave to male workers for the birth of their children or adoption of an infant.
On December 12th, 2023, the Plenary of the Chamber of Deputies approved the opinion amending the aforementioned Article 132 of the Federal Labor Law and other federal provisions with 409 votes in favor, 1 vote against, and 2 abstentions.
Main Points
The amendment aims to extend paternity leave from the current 5 days to 20 days with full pay and with the possibility of extending it up to 30 days in case of complications with the health of the mother or the newborn, equally applicable in the case of adopting an infant.
This amendment has as its main objectives the equitable distribution of work within families, strengthening the bond between fathers and their children, closing the gender gap, among others.
Consequences for Mexico
Despite the significant progress expected in terms of gender equity, the amendment also presents a new financial challenge for employers in Mexico.
If approved, it will add a new obligation to employers, as they will be responsible for covering the full salaries of fathers on paternity leave. This is unlike the case of disabilities granted to working mothers, where the Mexican Social Security Institute takes on this obligation on behalf of employers. The report was referred to the Senate for review, and, as the case may be, approval.
