On June 4th, 2019, the Federal Official Gazette published the Decree adding a number of provisions to the Social Security Law (LSS), the Law of the Institute of Security and Social Services of State Workers and the Federal Labor Law (LFT), which will be in force as of June 5th of this year.
These additions set forth in Article 140 Bis of the LSS, the right of insured working mothers or fathers, whose children under 16 years of age have been diagnosed by the Mexican Social Security Institute (IMSS) with cancer of any kind, to enjoy a license for medical care of the children and be absent from their work in case the diagnosed minor requires medical rest in critical periods of the treatment or hospitalization during the medical treatment, according to the physician’s prescription including, where applicable, treatment for pain relief and palliative care for advanced cancer.
The IMSS may issue to one of the insured working parents a certificate that attests the oncological condition of its child and the duration of the respective treatment, to inform its employer about the expedition of this license.
The license issued by the IMSS to the insured working father or mother will be valid from one to twenty-eight days. Licenses may be issued for a maximum period of 3 years, without exceeding 364 days of leave, which do not necessarily have to be continuous.
The insured working parent with this license will enjoy a subsidy equivalent to 60% of its last daily salary registered by the employer. The license referred to in this article may only be granted at the request of a party, and in no case may be granted to both working parents of the diagnosed minor.
Licenses granted to working parents, referred to in this article, will cease when:
I. The minor does not require hospitalization or medical rest during the critical periods of treatment.
II. The death of the minor occurs.
III. The child turns sixteen years of age.
IV. The ascendant who enjoys the license is hired by a new employer.
Also fraction IX was added to Article 42; fraction XXIX Bis to Article 132 and Article 170 Bis to the LFT in accordance with the following:
Article 42. The following are causes for temporary suspension of the obligations to provide the service and pay the salary, without liability for the worker and the employer:
IX. The license referred to in Article 140 Bis of the Social Security Law.
Article 132. The obligations of the employers are:
XXIX Bis. – Grant the applicable facilities to the workers regarding the licenses issued by the Institute as established in Article 140 Bis of the Social Security Law.
Article 170 Bis. – The parents of children diagnosed with any type of cancer will enjoy the license referred to in Article 140 Bis of the Social Security Law, in the terms referred, with the intention of accompanying the patients in their corresponding medical treatments.
In accordance with the foregoing, we consider of the utmost importance that the employers are aware of these new rights for insured working mothers or fathers, as well as the employer’s new obligations in case of an employee’s license of absence for medical care of their child in the specific cases indicated in the Decree and mentioned in this alert.
Should you have any questions or comments regarding the foregoing, please do not hesitate to call your usual contact in the Firm.
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