As the holiday season approaches, employers often wonder whether they are obligated to grant paid time off to their employees during Holy Week.
First and foremost, it’s important to highlight that Holy Week is a religious festivity that typically occurs between the last weeks of March and the first weeks of April. Specifically, in 2024, it will be on Thursday, March 28th, and Friday, March 29th.
Now, it’s relevant to note that the Federal Labor Law (LFT) includes a list of mandatory rest days with pay, specified in Article 74 of the Federal Labor Law.
However, the days corresponding to Holy Week are not included in this list of public holidays. Therefore, strictly speaking, there is no obligation for employers to grant these days as mandatory rest days.
Additionally, employees who do not show up for work on these dates may be subject to sanctions according to the LFT, as well as the internal regulations of the company.
These sanctions could affect, for example, the payment of their seventh day or their Christmas bonus, in terms of the proportional part for this unjustified absence.
However, since Holy Week is a traditional festivity in Mexico, there are individual employment contracts, as well as collective contracts and benefit policies that stipulate that both Maundy Thursday and Good Friday will be considered mandatory rest days and are listed as such.
In the event that this is the case and they acquire such status, employees who work on those days must receive double the regular salary, in accordance with Article 75 of the LFT.
In summary, the granting of this benefit is at the discretion of the employer, as it is not a provision contemplated by law.
Therefore, being an extralegal benefit, it is subject to the will of the parties, and it will be up to each employer to decide, if they wish, what the modality will be for granting this benefit.
In some cases, it is granted as a benefit of time off in exchange for extra time worked or as a day off with or without pay.
However, it is essential to accurately document the provisions regulating the delivery and enjoyment of this benefit.
For all these reasons, the labor law team at Vega Guerrero & Asociados is at your disposal to support and guide you if, as employers, you are considering granting your employees time off on those days.
