By América Morales
Menstrual leave in Mexico means a dignified work opportunity for women and menstruating people, and although until 2020, women represented a little more than half of the population in the country, 64 million 540,634 women for 61 million 473,390 men, according to INEGI’s Population and Housing Census, their working conditions were not adequate.
According to estimates of the Ministry of Health, 50% of women have had dysmenorrhea at some point in their lives, and data from the organization Menstruación Digna México, indicated that about 20% of menstruating women have ever missed work due to menstruation.
As a result of this, the Congress of the State of Sonora submitted to the Congress of the Union on February 28 of this year, a new reform to the Federal Labor Law (LFT), which is still under review, since it was approved in the Chamber of Deputies with 425 votes in favor, and is now being submitted to the Chamber of Senators.
Describing that this will allow menstruating persons, who are diagnosed with disabling primary or secondary dysmenorrhea or any other diagnosis related to the menstrual period, to work remotely and, in the event that this is not possible, they may obtain a paid leave of absence of up to two days, as long as it is justified, thus reforming the content of articles 132 and 169 of the LFT.
This also implies the reform of article 133, section XV, of the LFT, since it adds a new prohibition of dismissal for the employer, since, once such diagnosis is justified and presented and supported by the competent authority such as the Mexican Institute of Social Security (IMSS) and the Institute of Security and Social Services for State Workers (ISSSTE), it cannot be used as a justification for the dismissal of the menstruating person, since otherwise, a sanction will be imposed on the employer, pursuant to article 995 of the LFT, this may not be used as justification for the dismissal of the menstruating person, since otherwise, a penalty will be imposed on the employer, pursuant to article 995 of the LFT, which is a fine equivalent to 50 to 2500 times the Unidad de Medida y Actualización (Mexican Measurement and Updating Unit).
In this sense, there are several issues to consider, since there is a new challenge for the implementation of new telecommuting strategies, which could translate into a new expense to be considered by the company, since it will have to provide the necessary tools to perform remote work activities, when the position allows it.
It should be noted that both the IMSS and the ISSSTE must issue, through their official websites, the certificates corresponding to the requests of those persons who require a break due to the impossibility of performing their working day due to their menstrual period, which will be considered as a justified absence, and therefore, there will not be any type of salary discount by the employer.
Therefore, as a recommendation for companies, it is necessary to implement and make the necessary regulatory adjustments to comply with the purposes presented in this new reform, in order to be prepared and attentive to the possible future implications that this reform may bring with it.
In view of this new proposal to reform the LFT, it is important to remain attentive to its resolution, as well as the implications it brings with it, thus avoiding a legal sanction. If your company needs advice on how to adapt to these legislative modifications and ensure regulatory compliance, contact us. Our team of experts is ready to provide the necessary guidance and support during this transition period.
At Vega, Guerrero & Asociados, we understand the importance of being aware of these legislative changes and how they can impact your company. This development promises to have a significant effect on the Mexican labor landscape, affecting both employers and employees.
