The Mexican government recently introduced amendments to the Federal Labor Law and to the Federal Law for State Workers to provide a government-paid menstrual leave of up to three days per month for all employees who menstruate, including cisgender women, transgender men, intersex, and non-binary persons.
The proposed amendments are in the initial legislative stages and have not yet been enacted.
Background
Mexico is set to join a small number of countries around the world that provide some form of menstrual leave to their employees, including Japan, Taiwan, South Korea, Indonesia, Vietnam, Zambia, and, most recently, Spain. Menstrual leave legislation seeks to advance gender equality, support and improve the wellbeing of menstruating employees, and normalize menstruation.
Key details
Employers will be mandated to grant menstruating employees who provide a medical certificate, with up to three days of monthly government-paid leave to recover from debilitating, primary or secondary dysmenorrhea. The medical certificate must be issued by a gynecologist from a public institute or an accredited, certified private doctor or hospital. The medical certificate will be valid for a period of one year from the issue date, after which an updated certificate will be needed. Employers will be prohibited from terminating employees for taking more than three days of leave due to this medical condition.
The proposed amendments also include one day of paid leave per year for working women and people with female genitalia to seek mammograms and pap smear exams and a half day of paid leave day for men to seek prostate exams. Employees must provide their employers with a five working-day notice and submit proof of appointment.
Next steps
The Lockton Global People Solutions Compliance team will update this alert once more details are released. Meanwhile, employers should review their HR policies and procedures, leave policies, and employment contracts, as applicable, to identify any required changes for full compliance with the new rules.