Hiring in Mexico with Justworks 102: Employee Leave & PTO Expectations

This article is about Justworks EOR (Employer of Record). What product am I using?

Vacation Leave

After one full year of continuous employment, full-time employees in Mexico are entitled to 12 paid vacation days. From there, vacation time increases as follows:

Employees also receive a 25% vacation bonus (Prima Vacacional) on top of their salary during vacation days. This is paid out on the closest payment date after their work anniversary.

Accrual & Carry Over

• Accrual Timing: Vacation days are granted after each year of service, but employers can choose to allow usage before the anniversary date.
• Carry Over: Vacation days reset annually; carry-over is not mandated by law.

Rest Day & Weekend Work

Employees must receive at least one rest day per week, typically Sunday. If an employee works on their scheduled rest day, they are entitled to a Sunday Bonus of 25% in addition to their regular pay.

Sick Leave (Medical Leave)

Sick leave in Mexico is managed by the Mexican Social Security Institute (IMSS).

Note: Because IMSS sick leave coverage usually starts on day four, and recognizing that government-provided benefits can sometimes fall short, many employers choose to offer around three days of sick leave to their employees.

Coverage & Requirements

Length: From 1 day up to 52 weeks

Compensation:

• General illness: 60% of salary from the 4th day onward (paid by IMSS)
• Work-related illness or accident: 100% of salary from day 1 (paid by IMSS)

Documentation: Must be certified by IMSS 

If the condition is not covered or certified by IMSS, the employer may choose to grant unpaid leave at their discretion.

Parental Leave

Maternity Leave

Duration: x12 Weeks (typically 6 before birth and 6 after

Payment: Provided by IMSS, capped at 25x the federal minimum wage

Breastfeeding: Two 30-minute breaks per day (or 1 hour reduction in workday) for up to 6 months post-birth

Paternity Leave

Duration: 5 days

Payment: Paid by the employer

Adoption

Mothers: 6 weeks paid (IMSS)

Fathers: 5 days paid (employer)

Marriage and Bereavement Leave

It is customary for employers to offer between 3 to 5 days for these types of leave, although not legally required.

Public Holidays in Mexico

Mexico observes 10 official national holidays, and many companies choose to offer additional customary days off:

Official Statutory Holidays

Common Customary Holidays (Not Legally Required)

• Maundy Thursday & Good Friday (dates vary annually)
• Day of the Dead – November 2
• Day of the Virgin of Guadalupe – December 12 

Employees required to work on a public holiday should be given another day off in lieu or pay double the daily salary.

Summary: What to Expect as an Employer

• Offer at least 12 days of paid vacation after the first year, increasing with tenure
• Plan for statutory leave types such as maternity/paternity, sick, marriage, and public holidays
• Stay compliant with IMSS for medical and maternity leave
• Consider offering customary holidays and flexible scheduling to stay competitive

Need help managing leave policies or expanding your team in Mexico? Justworks EOR can help you stay compliant and build a benefits program that supports your employees and your growth.

Disclaimer

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.