Mexico Provides Family Leave for Parents of Children with Cancer

There has been a lot of discussion in the news about expanding the availability of paid family and medical leave in the United States. We addressed those state and federal laws and proposed legislation in this past blog.

Other countries are starting to take steps to create or improve paid family and medical leave rights. For example, on June 4, 2019, the Mexican Department of Labor and Social Welfare published a Decree that allows parents to take leave time from work to care for children under the age of 16 who have been diagnosed with cancer.

Benefits of this new law:

  • Leave will be available to parents who are insured and in the work force, and whose covered children require medical rest during critical periods of treatment or hospitalization.
  • Leave will be available for up to 28 days, although the Mexican Institute of Social Security can issue an unlimited number of certificates as needed within a period of three years. However, the employee’s leave cannot exceed 364 days in total.
  • The insured working parent will receive a payment equivalent to 60% of their last contribution base salary.

Other requirements:

  • Proof of physician's orders will need to be provided, including orders for treatment of pain relief and advanced cancer care
  • Employer may need to be aware of length of leave, in which case the Mexican Institute of Social Security will issue a certificate in regards to the oncological condition and duration of the treatment
  • The parent/employee seeking leave must have at least 52 immediate weekly statutory social security contributions prior to the start of the care leave
  • Care leave cannot be granted to both working parents
  • Care leave will only be granted to the parent seeking leave as long as that parent has parental custody of the child

If you’re looking for more information on laws specific to your state, check out our state resources and  chart of state laws!

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