What Is Maternity Leave In Mexico? Detailed Guide

What Is Maternity Leave in Mexico?

Maternity leave in Mexico is a legally protected period of paid time off for pregnant employees, allowing them to recover from childbirth and care for their newborn. The Federal Labor Law guarantees 12 weeks of maternity leave, divided into 6 weeks before birth and 6 weeks after.

This benefit protects the health, income, and employment rights of working mothers across the country.

• Meaning of maternity leave: It is a paid leave period designed to protect maternal health, ensure family well-being, and guarantee job stability during pregnancy and after childbirth.
  
  

• 12-week duration: The law mandates 84 days total, typically taken as 42 days before delivery and 42 days after.
  
  

• Legal protection under the Federal Labor Law: Employers must grant maternity leave without discrimination or job loss, and mothers retain full employment rights.
  
  

Who qualifies for Maternity Leave in Mexico

Any employee working under a formal employment relationship has the right to maternity leave. 

Paid maternity leave through IMSS applies to employees who are properly registered with IMSS, have at least 30 weeks of contributions in the 12 months preceding the start of the leave, and obtain the corresponding IMSS maternity incapacity certificate. 

If these requirements are not met, the employee still has the right to maternity leave, but the employer must cover the salary during the leave period.

Maternity leave ensures mothers receive income and health protection during one of the most important periods of their lives.

Purpose of Maternity Leave Under Mexican Law

Maternity leave in Mexico exists to protect the health, safety, and rights of pregnant employees and their newborns. The Federal Labor Law and IMSS regulations work together to ensure mothers can step away from work, recover safely, and maintain full economic stability.

This period is designed to balance work protections with essential medical and family needs.

• Protect the health and safety of pregnant employees: Maternity leave provides time away from physical, emotional, and workplace stress, ensuring safe prenatal care and reducing risks associated with late-stage pregnancy.
  
  

• Ensure safe childbirth and recovery: The postnatal period allows mothers to heal, regain strength, and manage medical needs after delivery without pressure to return to work prematurely.
  
  

• Guarantee income, job stability, and benefits: Mothers keep their job, seniority, and all statutory benefits during leave. IMSS supplies the maternity subsidy, covering most or all of the mother’s salary.
  
  

• Protect maternal and newborn rights: The law ensures newborns receive uninterrupted early care, breastfeeding support, and bonding time, which are essential for healthy development.
  
  

Overall, maternity leave supports a safe pregnancy, protects income, and ensures long-term job security for working mothers in Mexico.

Length and Structure of Maternity Leave in Mexico

Maternity leave in Mexico is structured to give pregnant employees flexibility while ensuring full legal protection. The law defines a standard leave period but also allows adjustments based on medical needs or personal circumstances.

1. Standard 12-Week Leave (84 Days)

The Federal Labor Law grants mothers 12 weeks of maternity leave, totaling 84 days. This is divided into 6 weeks before the expected delivery date and 6 weeks after birth.

During this period, IMSS pays the maternity subsidy, allowing mothers to maintain their income and job protection. Employers must guarantee full reinstatement after the leave ends.

2. Shifting Prenatal Weeks to Postnatal Period (Up to 4 Weeks)

Mexican law allows mothers to shift up to 4 weeks of prenatal leave to the postnatal period, with medical authorization. This flexibility helps mothers who prefer to work longer before delivery and spend more time recovering afterward.

IMSS must approve the change, and employers must honor the adjusted schedule without discrimination or job impact.

3. Extensions for Premature Birth, Disability, or Medical Complications

If delivery occurs earlier than medically expected, the maternity leave period is adjusted so the employee receives the full statutory maternity leave, as established in the IMSS medical certificate. Any unused prenatal leave days are automatically added to the postnatal period to ensure full legal entitlement.

If the newborn is born with a disability or requires hospital medical care, the Federal Labor Law allows the postnatal leave to be extended for up to eight additional weeks. This extension is subject to the corresponding IMSS or medical certification confirming the medical condition or required hospitalization.

If the mother is unable to work due to pregnancy- or childbirth-related illness, disability, or complications, the leave may be extended through the applicable medical incapacity process. Employers must honor IMSS and medical certificates, maintain full job protection, and apply payments according to the applicable legal rules.

4. Adoption Leave Provisions

Adoptive mothers are entitled to six weeks of paid leave starting from the date they receive custody of the child. This leave allows time for bonding, adjustment, and early childcare.

While shorter than biological maternity leave, adoption leave provides full job protection, recognition of parental rights, and employer-paid salary continuity, in accordance with the Federal Labor Law.

Pay During Maternity Leave in Mexico

Pay during maternity leave is one of the strongest legal protections for pregnant employees in Mexico. Instead of the employer paying the salary, IMSS provides the maternity subsidy as long as the employee meets eligibility requirements.

This system ensures mothers receive a stable income while employers maintain job security and benefits without interruption. Understanding these rules is essential for both compliance and employee well-being.

• IMSS pays 100 percent of registered salary:
  Eligible employees receive maternity pay based on their registered Contribution Base Salary (Salario Base de Cotización – SBC). IMSS pays this subsidy directly during the entire 84-day maternity leave period, provided all eligibility requirements are met.
  
  

• What salary does IMSS use to calculate maternity leave pay?
  Maternity leave pay is calculated using the employee’s registered Contribution Base Salary (Salario Base de Cotización – SBC). The SBC is capped at 25 UMA per day by law. If the employee’s actual salary exceeds this cap, IMSS pays only up to the limit, and the employer must cover the difference to ensure full salary payment during maternity leave.
  
  

• Requirements to receive IMSS maternity subsidy:
  The employee must be registered with IMSS, have at least 30 weeks of contributions in the previous 12 months, and obtain an official IMSS maternity certificate confirming the due date.
  
  

• What happens if the employee is not registered with IMSS:
  If the employer fails to register the employee with IMSS properly, underreports salary, or if the employee does not meet the required 30 weeks of IMSS contributions, IMSS will not pay the maternity subsidy. In these cases, the employee still has the right to maternity leave, but the employer becomes fully responsible for paying 100 percent of wages during the leave period.
  
  

• Benefits continue during leave:
  Seniority, vacation accruals, Christmas bonus (Aguinaldo), and all statutory rights continue counting while the employee is on leave.
  
  

This system ensures financial stability for mothers while holding employers accountable for proper IMSS registration and compliance.

Eligibility Requirements for Maternity Leave in Mexico

Maternity leave eligibility in Mexico depends on proper IMSS registration, sufficient contribution history, and timely medical documentation. These requirements ensure that employees receive full maternity benefits while employers remain compliant with labor and social-security obligations.

Understanding each condition is essential for granting leave correctly and avoiding payroll or legal issues.

• Employee must be formally registered with IMSS:
  Maternity leave applies only to employees in a formal employment relationship. IMSS registration is required to access medical care, maternity certificates, and the IMSS-paid maternity subsidy. If the employee is not properly registered with IMSS, the employer must cover the full salary during the maternity leave period.
  
  

• Required number of contribution weeks:
  To receive the IMSS maternity subsidy, the employee must have contributed at least 30 weeks within the last 12 months. If this requirement is not met, she still has the right to maternity leave, but the employer must pay wages.
  
  

• Medical certificate confirming pregnancy and due date:
  IMSS issues an official maternity certificate (Certificado de Incapacidad por Maternidad) that confirms the expected delivery date and determines when leave begins. This document is mandatory for subsidy eligibility.
  
  

• Notification timelines for employers:
  Employees should notify the employer and present the IMSS certificate as soon as it is issued. Employers must respect the dates and cannot deny or delay maternity leave.
  
  

Meeting these requirements ensures mothers receive full legal and financial protection during pregnancy and childbirth.

Employer Obligations During Pregnancy and Maternity Leave

Employers in Mexico must follow strict legal rules to protect pregnant employees before, during, and after maternity leave. These obligations ensure safety, equal treatment, and full compliance with the Federal Labor Law and IMSS regulations.

Failing to meet these standards can result in fines, reinstatement orders, or legal action.

1. Protecting Pregnant Employees From Hazardous or Heavy Work

Employers must reassign pregnant employees away from hazardous, physically demanding, or high-risk tasks, including heavy lifting, exposure to chemicals, night shifts, and unsafe environments.

If workplace conditions cannot be made safe, the employer remains responsible for ensuring compliance with labor protections and preventing the employee from performing prohibited or high-risk work. These protections prioritize maternal health and prevent workplace risks that could harm the employee or the unborn child.

2. Maintaining Position and Seniority

Employers must guarantee that the employee’s job, position, and seniority remain fully intact during pregnancy and maternity leave. The employee must return to the same role with the same salary and rights.

All statutory benefits continue to accrue during leave, ensuring no loss of entitlements such as vacation days, Aguinaldo, IMSS rights, and seniority-based benefits.

3. Ensuring No Discrimination or Termination During Pregnancy or Leave

Termination or discrimination based on pregnancy is illegal in Mexico. Employers cannot reduce hours, modify duties unfairly, or take adverse actions due to pregnancy or maternity leave.

Any dismissal during this period is commonly presumed unjustified unless the employer proves otherwise, leading to reinstatement orders, back pay, or legal penalties. Mexican law strongly protects pregnant employees from workplace discrimination.

4. Payroll, Benefits, and Reporting Compliance

Employers must ensure accurate payroll reporting, correct IMSS registration, and timely submission of maternity certificates. While IMSS pays the maternity subsidy, employers must continue providing benefits, issue CFDIs correctly, and maintain updated SBC information.

Compliance ensures the employee receives full legal protections and avoids errors that could trigger IMSS audits or employer liability.

Procedures for Requesting and Approving Maternity Leave

Maternity leave in Mexico follows a structured process that involves IMSS, the employee, and the employer. Proper steps ensure the employee receives full legal protection, IMSS validation, and the maternity subsidy.

Employers must follow each requirement carefully to avoid compliance issues, payroll errors, or delayed benefits.

• How to obtain IMSS medical certificate: The employee must visit an IMSS clinic for a medical evaluation. IMSS issues the official Certificado de Incapacidad por Maternidad, confirming the due date and the start of the 6-week prenatal leave. This certificate is the legal trigger for maternity leave.
  
  

• Steps for requesting prenatal and postnatal leave: The employee provides the IMSS certificate to the employer. Prenatal leave begins on the date indicated, followed automatically by postnatal leave. Employers must respect these dates without modification.
  
  

• How to request shifting prenatal weeks: If the employee wants to shift up to 4 weeks of prenatal leave to the postnatal period, she must ask IMSS for approval before the prenatal leave begins. IMSS issues an adjusted certificate, and the employer must follow the updated schedule.
  
  

• Employer documentation and reporting steps: Employers must record the leave period, continue benefits, update payroll and CFDI reporting, and ensure SBC and IMSS data remain accurate.
  
  

Following these procedures ensures smooth, compliant maternity leave for both employer and employee.

Rights After Returning to Work (Post-Maternity Protections)

When an employee returns from maternity leave, Mexican law provides strong protections to support her reintegration into work. These rights ensure a safe environment, equal treatment, and continued access to essential maternal benefits.

Employers must follow these rules strictly to remain compliant and protect employee well-being.

1. Breastfeeding Breaks (Two 30-Minute Breaks or One Hour Reduction)

After returning to work, mothers have the right to two daily 30-minute breastfeeding breaks or a one-hour reduction in their workday. This protection lasts for the first six months after childbirth.

Employers must provide a safe, private space for breastfeeding or milk extraction. These breaks are fully paid and cannot be deducted from salary or considered unpaid time.

2. Right to Safe Work Conditions After Return

Employees returning from maternity leave must be assigned duties that are safe, non-hazardous, and appropriate for postpartum health.

Employers cannot assign tasks that involve heavy lifting, exposure to chemicals, or physically risky activities. If a temporary adjustment is needed, the employer must modify duties or reassign the employee without reducing salary or benefits.

3. Right to Maintain Same Position, Salary, and Benefits

Upon returning, the employee must be reinstated in the same role with the same salary, seniority, and all accumulated benefits. Employers cannot demote, reassign unfairly, reduce pay, or modify conditions due to pregnancy or maternity leave.

All statutory rights, including vacation accrual, Aguinaldo (Christmas bonus), and IMSS coverage, remain intact during and after leave.

Special Cases Under Mexican Law

Mexican law provides additional maternity protections for situations that require more time, flexibility, or medical support. These special cases ensure that both the mother and newborn receive adequate care, even when circumstances differ from a standard delivery.

Employers must understand these rules to stay compliant and protect employee rights in sensitive situations.

• Rights for premature births: When a baby is born early, any unused prenatal weeks are automatically added to the postnatal period. This ensures the mother still receives the full 12 weeks of leave for recovery and childcare, even if the birth occurs before the expected date.
  
  

• Extended leave for newborn disability or hospitalization: If the newborn has a disability or requires hospitalization, the Federal Labor Law allows the postnatal leave to be extended for up to eight additional weeks, subject to medical certification.
  
  

• Multiple births (twins, triplets): In cases of multiple births, the mother may receive extended leave when medically justified. IMSS evaluates the situation and can authorize additional weeks depending on the mother’s health and the needs of the newborns.
  
  

• Adoption leave (6 weeks for adoptive mothers): Adoptive mothers are entitled to 6 weeks of paid postnatal leave starting from the date of child custody. This leave provides essential bonding time and ensures equal protection for adoptive parents.
  
  

These special provisions guarantee fair protection for mothers facing complex or medically sensitive maternity situations.

Penalties for Employers Who Violate Maternity Leave Rights

1. Fines Under the Federal Labor Law

Employers who fail to grant maternity leave, deny required protections, or violate pregnancy-related rights can face significant fines under the Federal Labor Law. These penalties vary depending on the severity of the violation and may apply per affected employee.

Authorities prioritize maternity protections, so violations often trigger immediate inspections, sanctions, and mandatory corrective actions.

2. Risk of wrongful-termination claims

Any termination, forced resignation, or adverse action against a pregnant employee is presumed unjustified under Mexican law.

This exposes employers to reinstatement orders, full back pay, damages, and legal costs. Courts strongly defend pregnant employees, making wrongful-termination cases costly and difficult for employers to contest.

3. IMSS audits and compliance penalties

Improper IMSS registration, incorrect maternity reporting, or failure to honor IMSS-issued maternity certificates can trigger audits. IMSS may impose fines, demand retroactive payments, or identify payroll inconsistencies.

Noncompliance with maternity procedures often leads to wider reviews of employer contributions, SBC accuracy, and social-security practices.

4. Liability for denying or reducing leave

If an employer refuses maternity leave, shortens the legally required period, or pressures the employee to return early, they become liable for full wage payments, damages, and legal penalties.

The employer may also be required to compensate the worker for emotional distress and reinstate all associated benefits.

How an EOR Ensures Full Maternity Leave Compliance in Mexico

An Employer of Record (EOR) takes full responsibility for managing maternity leave requirements in Mexico. Because the EOR becomes the legal employer, it handles IMSS registration, payroll compliance, documentation, and the correct application of maternity leave rules.

This protects foreign companies from legal mistakes and ensures every employee receives the benefits guaranteed by Mexican law.

• EOR registers employees with IMSS: The EOR ensures every employee is formally enrolled with IMSS from day one. Proper registration is essential for accessing maternity leave, medical care, and the IMSS-paid maternity subsidy.
  
  

• Manages payroll + maternity subsidy payments: While IMSS pays the maternity subsidy, the EOR ensures payroll is adjusted correctly, CFDIs are issued properly, and all benefits continue accruing during maternity leave.
  
  

• Ensures correct leave calculation and documentation: The EOR handles IMSS maternity certificates, shifting prenatal weeks (when requested), and applies the correct 84-day leave period or extensions for special cases.
  
  

• Protects foreign employers from legal exposure: The EOR shields companies from labor violations, wrongful-termination risks, IMSS audits, and maternity-related penalties by ensuring strict compliance with the Federal Labor Law.
  
  

Using an EOR guarantees smooth, compliant maternity leave management for all employees in Mexico.

Why HRM Is the Best EOR in Mexico

Hiring in Mexico requires deep knowledge of labor law, IMSS rules, and maternity-leave compliance.

Human Resources Mexico (HRM) stands out as the safest and most reliable EOR because it operates physically in Mexico, manages all employer obligations directly, and provides real human support.

Unlike platform-based EORs that rely on hidden partners, HRM handles every step internally, ensuring full legal protection for foreign companies and their employees.

• 16+ years operating physically in Mexico: HRM has long-term on-ground experience, real offices, and established processes built specifically for the Mexican labor environment.
  
  

• Full IMSS registration and maternity-leave support: HRM ensures employees are properly registered, maternity certificates are processed correctly, and all benefits continue during leave.
  
  

• Manages all employer obligations end-to-end: From payroll to SBC reporting, maternity leave, IMSS compliance, and CFDI issuance, HRM handles every requirement internally.
  
  

• Prevents discrimination, misclassification, and payroll errors: HRM’s labor experts ensure employees are protected, and employers avoid costly legal violations or IMSS disputes.
  
  

• Real HR team providing compliance guidance: HRM offers direct support from bilingual HR specialists who understand Mexican law in detail, not automated or outsourced systems.
  
  

Want to hire in Mexico with complete legal confidence? Reach out to us today and get a custom proposal for your hiring needs.

FAQs About Maternity Leave in Mexico

How long is maternity leave in Mexico?

Maternity leave lasts 12 weeks (84 days), divided into 6 weeks before birth and 6 weeks after. With IMSS approval, up to 4 prenatal weeks can be shifted to the postnatal period. Extensions may apply for premature births, complications, or medical conditions.

Who pays maternity leave?

IMSS pays the maternity subsidy based on the employee’s registered Contribution Base Salary (SBC), as long as eligibility requirements are met. If the employee is not properly registered or lacks required contribution weeks, the employer must pay full wages during maternity leave.

Can prenatal weeks be shifted to postnatal?

Yes. With IMSS medical authorization, employees may shift up to 4 prenatal weeks to the postnatal period. IMSS issues an adjusted maternity certificate, and employers must honor the updated schedule exactly as approved, without reducing rights or benefits.

Do maternity rights apply to remote workers?

Yes. Remote and hybrid employees have the same maternity rights as on-site workers. The Federal Labor Law protects all IMSS-registered employees, regardless of work location. Maternity leave, IMSS benefits, job protection, and breastfeeding rights apply equally to remote positions.

What happens if an employer denies maternity leave?

Denying maternity leave is illegal. Employers may face fines, wrongful-termination claims, reinstatement orders, and back pay. The law presumes any dismissal of a pregnant employee is unjustified. IMSS and labor authorities can also audit the employer for additional violations.

Does maternity leave count toward seniority and benefits?

Yes. Seniority, vacation accrual, Christmas bonus (Aguinaldo), IMSS rights, and all statutory benefits continue during maternity leave. The leave period counts as full service time, and employers must reinstate the employee with the same position, salary, and accumulated benefits.