On June 4, in the Federal Official Gazette (DOF), a decree from the Social Security Law (LSS), the Institute of Security and Social Services for State Workers Law (LISSTE) and the Federal Labor Law (LFT) was published, in which various provisions were added in terms of leaves of absence for parents of children under sixteen diagnosed with cancer.
Here are some of the elements presented in the explanatory statement:
• A minor diagnosed with cancer requires (by medical protocol) the accompaniment of one of their parents.
• Childhood cancer is the number one cause of death among children ages 5 to 14 in Mexico.
• In other countries, support has already been given to parents facing this problem.
• The “Fundación Cáncer Warriors de México A.C.” publicly presented the need to reform the Mexican legislation to provide labor protection for working parents of minors diagnosed with cancer.
• An estimate of 9,498 parents shall benefit from this leave of absence.
These new provisions state the following:
• Parents with social security, whose children up to 16 years of age are diagnosed with cancer of any kind, may request a leave of absence for medical care during critical treatment periods.
• The Institute may issue the working parents a document confirming the oncological illness and the duration of the treatment, for the employer to be aware of the worker’s absence.
• The leave of absence will be valid from 1 to 28 days, and as many licenses as needed may be issued – within a maximum period of three years – without exceeding 364 days of absence from the workplace.
• Employees will benefit from a subsidy equivalent to 60% of the last base salary recorded by the employer.
• In order to be eligible for the aforesaid subsidy, the employee must have at least 30 weeks of employment recorded in the 12-month period prior to the date of diagnosis. If this requirement is not met, there shall be at least 52 consecutive weeks of employment recorded prior to the beginning of the leave of absence.
• The leave of absence shall only be granted upon request of the parent or guardian and under no circumstance may be requested by both parents of the diagnosed minor.
The leave of absence granted shall cease when the minor does not require hospitalization or rest in the critical periods of treatment, the minor turns 16, or when a new employer hires the parent or guardian.
The application of these new provisions shall affect your payroll if any of your employees are under this assumption.
If you have any questions about this, please contact us. We will be pleased to advise you.