Reform to the Social Security Law: Labor Rights for Pregnant Women.

On March 24th, 2023, a reform to the Social Security Law was published in the Federal Official Gazette of the Federation. The reform provides for the right to receive the corresponding subsidy in a single payment, as well as the possibility of transferring up to four of the six weeks of rest prior to childbirth to after childbirth, in line with what is already provided for in the Federal Labor Law.

The purpose of the reform is to provide greater benefits to insured women in pregnancy, through the addition of two new articles to the Social Security Law. Below, we present a summary of the main points of the reform:

1. 1. Addition of the third paragraph to article 101 of the Social Security Law: This paragraph establishes that insured women who are certified as pregnant by the Mexican Social Security Institute (IMSS), and who receive institutional or external medical care, will be entitled to a cash benefit for incapacity for a period of 84 days. The subsidy will be delivered in a single payment, from the beginning of the incapacity.
2. 2. Addition of article 102 Bis to the Social Security Law: This article establishes that insured women, with the prior written authorization of the IMSS doctor or the external doctor who carries out prenatal control and surveillance, and taking into account the opinion of the employer and the nature of the work performed, may transfer up to four of the six weeks of rest prior to childbirth to after childbirth.

In addition, in the event that the authorization is issued by private doctors, it must contain the name and professional license number of the issuer, the date, and the medical condition of the worker.

The reform came into effect the day after its publication in the Federal Official Gazette, that is, starting on March 25th, 2023.

It is important to note that regulatory provisions will establish the procedure for the implementation of these reforms. Therefore, if you require additional information or advice related to it, do not hesitate to contact the Labor and Social Security Team of Vega, Guerrero & Asociados.