Mexico's Federal Labor Law ("LFT") and the Mexican Social Security Institute ("IMSS") provide several types of leave to protect employee health, family life, and financial stability. Many of these leaves are paid directly by IMSS, not by the employer.
This article explains your rights, your responsibilities, and how Remote People supports you in each process.
Sick Leave (Incapacidad por Enfermedad General)
Sick leave applies when an employee has a temporary health condition certified by IMSS.
When it applies
When IMSS issues an incapacity certificate due to illness
During certain public health emergencies where the government issues a sanitary contingency declaration
Documentation Required
IMSS-issued incapacity certificate (incapacidad temporal)
Payment
Paid directly by IMSS according to IMSS payment rules
Employer is not required to pay salary during certified incapacity
Disability Leave (Up to 52 Weeks)
Employees unable to work due to illness or injury may take up to 52 weeks of temporary disability leave through IMSS.
Type of disability
General illness
Occupational injuries
Work-related diseases
Industrial accidents
Payment During Disability
IMSS pays 60% of your registered salary (base salary for contributions)
Payment rules are the same whether the disability is general or work-related
Employer does not pay salary during disability and does not pay employer–employee IMSS contributions during the certified period
Documentation Required
IMSS incapacity certificate
Renewal certificates if the disability period is extended
Parental Leave (Maternity & Paternity Leave)
This is the most regulated type of leave in Mexico and requires strict documentation from IMSS.
Maternity Leave (84 Days – Paid 100% by IMSS)
Maternity leave in Mexico is one of the most protective benefits under federal law.
Duration
84 calendar days total, fully paid by IMSS
Usually:
42 days before birth
42 days after birth
(IMSS may authorize a transfer of pre‑birth weeks to after birth upon medical determination.)
Payment
IMSS covers 100% of your registered salary
Employer is not required to pay salary or IMSS contributions during this period
Important: You MUST obtain the IMSS maternity disability certificate
To activate maternity leave and receive IMSS payment, employees must obtain the Incapacidad por Maternidad certificate directly from IMSS.
Required Steps (Employee)
Visit your assigned IMSS clinic approximately 6 weeks before your due date
Bring your:
ID
CURP
Social security number (NSS)
Medical documents confirming pregnancy
Request issuance of your:
Pre‑natal Maternity Disability Certificate (42 days)
Post‑natal Certificate issued after birth (42 days)
Required Documentation for Remote People
Send the following to Support:
IMSS incapacity certificate(s)
Birth certificate (once available)
Any additional documents IMSS provides
Remote People will record these documents and update payroll so no salary deductions occur during maternity leave.
Why IMSS certification is essential
IMSS pays your maternity leave only if:
The official incapacity certificate is issued at the correct time
Remote People, as your legal employer, submits it properly in the system
Without this certificate, maternity leave cannot be paid through IMSS.
Optional Extended Maternity Leave (Unpaid)
Employees may take up to 4 additional weeks of unpaid leave before or after maternity leave.
Requirements:
Must be agreed with the employer company
Employee must clarify intended dates when requesting the extension
Remote People will adjust payroll accordingly
Paternity Leave (5 Days – Paid by IMSS)
Duration
5 working days, following the child's birth
Documentation Required
Copy of the birth certificate
Requested dates of leave
IMSS's paid parental leave benefit may apply depending on eligibility.
Additional Statutory Leave Types in Mexico
Paid Leave
Marriage Leave
3 days (if included in company or collective policies; not federally mandated for all employers)
Unpaid Leave Options
General Unpaid Leave (Permiso sin Goce de Sueldo)
Employees may request unpaid leave for personal reasons subject to employer approval.