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Mexico - Maternity protection - 2011


LAST UPDATE

20 June 2011
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SOURCES


Name of Act

Federal Regulation on Safety, Hygiene and Environment at Work,(Reglamento Federal de Seguridad, Higiene, y Medio Ambiente de Trabajo Diario Oficial No. 14, 21 January 1997, pp. 30-52) of 20 January 1997.

Name of Act

Official Mexican Standard No. NOM-047-SSA1-1993 establishing the maximum permissible biological exposure limits for organic solvents in occupationally exposed personnel, as amended up to the Official Mexican Standard No. NOM-047-SSA1-2002. (Norma Oficial Mexicana de salud ambiental-índices biológicos de exposición para el personal ocupacionalmente expuesto a sustancias químicas. Diario Oficial de 14 de julio de 2009).

Name of Act

Federal Labour Act, 2 December 1969 (Diario Oficial No. 26, 1 April 1970, p. 1; errata: ibid. No. 51, 30 April 1970, p. 2 and No. 29, 5 June 1970, p. 16), in amended form until January 17, 2006 (Diario Oficial, January 17, 2006).
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Name of Act

Official Mexican Standard No. NOM-012-STPS-1999 on safety and hygiene conditions in enterprises which produce, use, manipulate, store or transport products generating ionizing radiations, (Diario Oficial 20 Diciembre 1999, Primera Sección).

Name of Act

Political Constitution of the United States of Mexico of 1917 (Constitución Politica de los Estados Unidos Mexicanos, Diario Oficial de la Federación el 5 de febrero de 1917, errata: ibid., 6 February 1917), as amended up, to 13 April 2011.
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Name of Act

Social Security Act, of 19 December 1995 (Diario Oficial No. 16, 21 December 1995, pp. 25-63; errata: ibid. No. 11, 16 January 1996, p.61), as amended up to Oficial Diary (Separata), of 31 May 2009

MATERNITY LEAVE


Scope

The maternity protection provided by the Political Constitution and the Federal Labour Act applies to all women workers, employees, domestic workers, craft workers and to all women covered by employment contracts in the public and private sectors.
Political Constitution of the United States of Mexico Art.123(A)
Federal Labour Act Art.1

Qualifying conditions

No references to qualifying conditions for maternity leave.

Duration


Compulsory leave

The time leave of 6 weeks before and 6 weeks after confinement is compulsory for all female workers.
Political Constitution of the United States of Mexico Art.123A(V)

General total duration

Female workers are entitled to enjoy 12 weeks of rest during during pregnancy (six weeks before and six weeks after confinement).
Federal Labour Act Art.170(II)
Political Constitution of the United States of Mexico Art.123(V)
Historical data (year indicates year of data collection)
  • 2009: 12 weeks (six weeks before and six weeks after confinement).
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

Maternity leave period will be extended the time necessary if it is impossible for the woman to return to work on account of her pregnancy or confinement.
Federal Labour Act Art.170(III)

Leave in case of illness or complications

No expressly references to illness as a reason of extension the maternity leave period. However, the Federal Labour Act states that maternity leave period will be extended the time necessary if the female employee is unable to perform work on account of her pregnancy or confinement..
Federal Labour Act Art.170(III)

RELATED TYPES OF LEAVE

Relevant provisions on other related types of leave have not been identified.

Paternity leave

No references to paternity leave in the Federal Labour Act. However, in some cases is provided by collective agreements.
Federal Labour Act

RIGHT TO PART-TIME WORK

Relevant provisions on right to part-time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

Persons linked to an employer by an employment relation, members of cooperative societies. Voluntary subscription is possible for workers in family industries, independent workers, professionals, craft workers and other non-salaried workers, domestic workers, small business owners, employers, and persons who work in the public administration service, federal bodies or local authorities who are excluded from or not covered by other laws.
Social Security Act Art.12(I,II), art.13

Qualifying conditions

In order to be entitled to benefits, the insured woman must have contributed for at least 30 weeks during the twelve months preceding the date when payment of benefits is due to begin. The pregnancy must have been certified by the Institute and also the expected date of confinement. The worker must not be carrying out any other work during the pre- and post-natal periods.
Social Security Act Art.102(I,II,III)

Duration

Maternity leave benefits are enjoyed during the 42 days before and after the confinement (12 weeks in total).
Social Security Act Art.101

Amount

One hundred per cent of salary for the normal duration of maternity leave (12 weeks) and during leave extended, due to birth occurring later than expected. In the case of extended maternity leave, the woman shall be entitled to 50 per cent of salary for a period not exceeding sixty days paid by the employer.
One hundred per cent of salary. In the case of extended maternity leave, the woman shall be entitled to 50 per cent of salary for a period not exceeding sixty days.
Federal Labour Act Art.170(V);
Social Security Act Art.101,109
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of salary for the normal duration of maternity leave (12 weeks) and during leave extended, due to birth occurring later than expected. In the case of extended maternity leave, the woman shall be entitled to 50 per cent of salary for a period not exceeding sixty days paid by the employer. One hundred per cent of salary. In the case of extended maternity leave, the woman shall be entitled to 50 per cent of salary for a period not exceeding sixty days.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Social security, which is financed by different sources; contributions from the employers, the insured workers and the State.
Social Security Act Art.105
Historical data (year indicates year of data collection)
  • 2009: Social security. Where the worker does not meet the requirements for receiving social security benefits, the employer shall be obliged to fund the payments.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

In the case of pregnancy, the Social Security Institution shall provide the insured woman with obstetric care during the prenatal, confinement and postnatal periods. It is also provides assistance in kind during six months for breastfeeding.
Social Security Act Art.94(I,II)

Financing of benefits

Social security, which is financed by different sources; contributions from the employers, the insured workers and the State.
Social Security Act Art.94, art.105

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During the nursing period, the woman shall be entitled to two extra breaks each day of one half-hour’s duration each to breastfeed her child, in suitable hygienic premises designated by the enterprise.
Federal Labour Act Art.170(IV)
Political Constitution of the United States of Mexico Art.123(V)

Nursing facilities

The Mexican Social Security Institute (IMSS) provides nursing services to the children of female employees (from the 43 days of age until the child reaches 4 years old) widowed or divorced workers who retain the custody of children as far as they don’t get marry again or cohabits with a new partner.

In establishments where women are employed the employer shall provide a sufficient number of seats or chairs for working mothers.
Social Security Act Art.205,206
Federal Labour Act Art.171,172

HEALTH PROTECTION


Arrangement of working time


Night work

During the periods of pregnancy and nursing, working mothers shall not perform night work in industrial, commercial or service establishments after 10.00 pm.
Federal Labour Act Art.166

Overtime

During the periods of pregnancy and nursing, working mothers shall not perform overtime work.
Federal Labour Act Art.166

Dangerous or unhealthy work


General

When women’s health is put at risk, either during pregnancy or nursing, they shall not carry out dangerous or unhealthy work. Dangerous or unhealthy work means that which, by its nature, by the physical, chemical or biological conditions of the environment in which it is performed or by the composition of the raw material used, is liable to affect the life and physical and mental well-being of a pregnant woman or of the fetus.
Federal Labour Act Art.166,167
Political Constitution of the United States of Mexico Art.123A(V)

Risk assessment


» Assessment of workplace risks

Dangerous or unhealthy work means that which, by its nature, by the physical, chemical or biological conditions of the environment in which it is performed or by the composition of the raw material used, is liable to affect the life and physical and mental well-being of a pregnant woman or of the fetus.
Federal Labour Act Art.166-167

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

During the period of pregnancy working mothers shall not perform work which requires considerable physical effort such as lifting, dragging or pushing heavy weights, produces vibration, involves remaining in a standing position for long periods of time or affects or alters their mental or nervous state or any other work dangerous for the health of the fetus.
Federal Labour Act Art.170(I)
Federal Regulation on Safety, Hygiene and Environment at Work Art.154(IV)

» Work involving exposure to biological, chemical or physical agents

Pregnant women shall not perform work involving the handling, transport or storage of teratogenic or mutagenic substances, where xylene or benzene are used or where exposed to radiation.
Federal Regulation on Safety, Hygiene and Environment at Work Art.154
Official Mexican Standard establishing the maximum permissible biological exposure limits for organic solvents in occupationally exposed personnel Art.7
Official Mexican Standard No. NOM-012-STPS-1999 on safety and hygiene conditions in enterprises which produce, use, manipulate, store or transport products generating ionizing radiations. Art.5.4

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Pregnant women shall not perform work involving abnormal atmospheric pressure or conditions in which environmental temperature is altered, work producing vibration, or work involving standing for long periods of time.
Federal Labour Act Art.170(I)
Federal Regulation on Safety, Hygiene and Environment at Work Art.154(IV)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Workers may not be discriminated against on the grounds of sex.
In addition women are entitled to the same rights and duties as men.
Federal Labour Act Art.3 art.164

Protection from discriminatory dismissal

After pregnancy female workers shall maintain their jobs and rights acquired under the employment relationship.
Political Constitution of the United States of Mexico Art.123A(V)

Guaranteed right to return to work

Women are entitled to be reinstated in the posts they previously occupied, on condition that they return to work within the year following their confinement.
Federal Labour Act Art.170(VI)
Political Constitution of the United States of Mexico Art.123(V)

Results generated on: 26th October 2014 at 02:00:02.
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