Introduction
In several Latin American countries, including Bolivia, Peru, Colombia, Uruguay, Ecuador, Paraguay, Chile, Argentina, and Venezuela, employees have the right to take leave for grief. However, in Mexico, this right is not legally guaranteed and depends on the empathy of direct supervisors or Human Resources departments.
Viridiana’s Experience
Background: Viridiana lost her partner of eight years to testicular cancer in October 2019. Her employer granted her two days of leave to cope with the loss and handle related administrative tasks.
- Communication: Before her partner’s passing, Viridiana informed her direct supervisor and higher management about the possibility of needing personal time off for grave reasons.
- Leave Allocation: Upon her partner’s death on a Friday, Viridiana was informed that she would receive two days of leave, with the first day being Friday and the second on Monday.
- Empathy and Negotiation: Fortunately, her supervisor showed empathy and negotiated for seven days of leave after directors intervened on her behalf.
Viridiana acknowledges that she was lucky, as the leave for grief in Mexico is not a legal right under the Federal Labor Law (LFT), and companies decide leave duration at their discretion.
The Need for Legal Leave for Grief
A project in the Mexican Senate aims to establish five days of paid leave for employees to cope with the loss of a direct family member. Although this project was approved by the Labor and Social Security Commission, it did not reach a plenary discussion before the legislative period ended, leaving it among pending legislative matters.
Meanwhile, the need for such a legal right remains pressing. Mari, who lost her mother and brother to COVID-19, received five days of leave from her employer. Upon returning to work, she experienced emotional distress, including trembling and uncontrollable crying. Her colleagues’ support helped her navigate these challenges.
“Grief is a Profoundly Human Experience Requiring Time”
Viridiana believes that leave for grief should be a legal right, not subject to the discretion of employers or government bodies. She emphasizes that grief is a deeply human experience requiring time to process emotional, physical, and administrative challenges following the loss of a loved one.
Viridiana argues that grief is an integral part of life, and labor laws should acknowledge this reality. The right to grieve with dignity should not depend on the empathy of supervisors or Human Resources policies. Protecting emotional healing after loss is essential for mental health, she asserts.
While grieving leave is recognized in several Latin American countries, Mexico continues to lack this legal protection. The absence of this right may persist until September when ordinary sessions resume in the Mexican Senate.
Key Questions and Answers
- What is the current status of grieving leave in Mexico? Grieving leave is not a legal right in Mexico, and its duration depends on company policies.
- What is the proposed solution in Mexico? A Senate project aims to grant five days of paid leave for employees following the loss of a direct family member.
- Why is grieving leave important? Grieving is a profoundly human experience requiring time to process emotional, physical, and administrative challenges following the loss of a loved one.
- Which countries in Latin America recognize grieving leave as a legal right? Bolivia, Peru, Colombia, Uruguay, Ecuador, Paraguay, Chile, Argentina, and Venezuela recognize grieving leave as a legal right.
