Paternity Leave: Obligations and Rights

In recent years, the discussion on the development of rights with a gender perspective has intensified. Some voices have questioned the notion that these rights are promoted solely for the benefit of women. However, in Mexico, since 2012, paternity leave has been contemplated as an important right for working fathers. These permits, granted by law, establish rights and responsibilities for both parents and companies. Below, we will further explore the details and implications of paternity leave in Mexico:

Paternity Leaves in Mexico: Rights and Characteristics

In Mexico, the Federal Labor Law establishes that working parents are entitled to five working days with pay in the event of the birth of their children or in situations of adoption of an infant. The purpose of this legal provision is to promote gender equality in the work environment and in family life.

The Company’s Obligation to Pay the Full Wage

One of the fundamental aspects of paternity leave is that companies are obliged to pay full salary during the leave period. This means that the working parent will not suffer a decrease in income while off work. However, for this leave to be valid, the worker must notify his employer reasonably in advance of his intention to take it.

Notification and Required Documentation

Advance notice by the employee is crucial for the company to comply with this obligation. In addition, the company must collect the necessary documentation to verify that the worker has been granted permission. These processes must be clear and effective, and the company must provide detailed information on the procedures and requirements for applying for the permit.

Legal and Specialized Support

In case your company needs support with the management of paternity leaves and compliance with its legal obligations, our team of specialists in Labor Law and Social Security, at Vega Guerrero y Asociados, can provide you with the appropriate advice and documentation to support that the requested leaves have been granted. This will prepare your company for any extraordinary inspections that may be requested by the authorities.

In summary, paternity leave in Mexico has implications for both working fathers and companies. These leaves, established by the Federal Labor Law, seek to promote gender equality and strengthen family ties. It is essential that companies are aware of and comply with their legal obligations regarding paternity leave to ensure that the rights of working fathers are respected and contribute to building a more inclusive and equitable work environment.


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