On 4 June 2019, it was published in the Federal Gazette the “Decree to add several provisions to the Social Security Law, the Social Security and Services Institute for State Employees and the Federal Labour Law” (the “Decree”). The Decree establishes the possibility that the Mexican Social Security Institute (“IMSS” by its acronym in Spanish) grants a license for medical care of children up to 16 years of age who have been diagnosed by the Institute with cancer of any kind. The license is granted when the child requires medical breaks during critical periods of treatment or hospitalisation during medical treatment, including treatment for pain relief and palliative care.
IMSS may issue a certificate attesting the oncological condition of the child and the duration of the treatment. The license grants the possibility for the mother or father to be absent from work between one and up to twenty-eight days. It will be possible to issue as many licenses as necessary for a maximum period of 3 years without exceeding three hundred and sixty-four days of the license. The license can only be granted to one of the parents.
The license will cease when:
- The child does not require hospitalisation and medical rest.
- The child dies.
- The child turs sixteen years.
- When the parent who was granted the license has another employer.
The aforementioned provisions are repeated for the case of State Employees, who will have the same right.
Likewise, from a labour standpoint, the license granted by the IMSS will be treated as cause for suspension of the employment relationship, due to the fact that a section was added to article 42 of the Federal Labour Law, and also was added as an obligation for the employer to grant a the license referred to in the Social Security Law.
As a suspension cause, services will not be performed, therefore there is no obligation to pay the salary. The father or the mother with the license will receive a subsidy of 60% of the base contribution salary.