Expanded Employee Leave and Breastfeeding Rights in Mexico

Background on the Proposed Reforms

In August 2025, three separate legislative proposals were published to amend Mexico’s Federal Labor Law. These proposals aim to broaden employee leave rights and reinforce breastfeeding support for working mothers. All three remain under committee review and, if approved, would impose new statutory obligations on employers with staff working in Mexico.

Monthly Paid Leave for Caregivers

One bill would require employers to grant employees who are parents or legal guardians of persons with disabilities up to two hours of paid leave each month. This leave is intended to allow time for attending medical appointments, therapy sessions, or essential school activities for the person under their care. Employees would be expected to provide supporting documentation from the relevant medical or educational institution.

This proposed entitlement aligns with broader discussions about caregiving responsibilities, which are often disproportionately carried by women and can impact labor force participation and economic security. Expanded caregiver leave would recognize these responsibilities and provide statutory protection for workers balancing employment with caregiving duties.

Bereavement Leave for Close Family Members

Another bill proposes a non‑waivable five working days of paid bereavement leave following the death of a close family member, including parents, children, siblings, and spouses. Currently, such leave is typically handled through internal policies or collective agreements rather than as a statutory right.

Formalizing bereavement leave in law would create a consistent minimum standard across employers and provide clarity for employees on their rights during emotionally difficult times.

Strengthening Breastfeeding Rights and Workplace Facilities

A third proposed amendment focuses on enhancing breastfeeding rights for working mothers. Under this proposal, the extraordinary rest period granted for breastfeeding would be increased to one hour per day, building on the existing minimum entitlement of two 30‑minute breaks.

The bill also sets out detailed requirements for lactation facilities in the workplace. These would include ergonomic seating, clean surfaces, electrical outlets suitable for breast pump use, proper refrigeration for expressed milk, sinks with potable water and soap, and visual and acoustic privacy. If such facilities cannot be provided on site, the employer and employee may agree to reduce the workday by up to two hours during the breastfeeding period.

Strengthened breastfeeding support aims to improve gender equity, facilitate greater retention of mothers in the workforce, and align employment practices with maternal and infant well-being.

Preparing for Potential Changes

While none of these proposals has become law yet, employers with teams in Mexico — including remote employees — should begin planning for possible compliance requirements. This may include reviewing and updating employment contracts, leave and time‑tracking systems, and workplace accommodation practices for breastfeeding employees.

Employers may also need to consider how these changes interact with existing entitlements under the Federal Labor Law, such as maternity leave, paternity leave, and statutory break periods, to ensure consistency across all policies.

Conclusion

The proposed expansions of employee leave and breastfeeding rights reflect evolving expectations for workplace support and gender equity in Mexico. Although these reforms are still under review, early attention to policy alignment and administrative preparation will help organizations manage their obligations effectively if the proposals are enacted.

For companies hiring remote talent in Mexico, working with an Employer of Record such as Tarmack can help ensure that employment agreements, leave entitlements, and statutory compliance are accurately implemented as the labor law landscape continues to evolve.