Introduction
Labor leave for grief, also known as bereavement leave, is a right granted in at least nine economies of the Latin American region. Some countries have recently extended the number of days workers can take off following the death of a family member. This article explores the situation in Mexico, where such leave remains an aspiration.
Understanding Bereavement Leave
Bereavement leave refers to remunerated days off provided by employers, allowing a worker to take time away from work following the death of a close relative. This provision is common across most Latin American countries, but Mexico lags behind.
The Federal Labor Law (FLL) does not recognize the right to bereavement leave or mourning leave. Mexican workers who have this benefit usually obtain it through collective contracts or as an extralegal employer benefit, with no legal obligation for employers to provide it.
Most countries grant labor leave for grief in cases of the death of direct relatives. However, economies like Costa Rica offer at least one day of leave for the death of relatives in the second and third degrees of kinship, such as grandparents or aunts. Chile recently expanded the provision to include the death of a worker’s siblings.
Bereavement Leave in Mexico
The Mexican Senate is yet to vote on a bill to incorporate bereavement leave obligations for employers in both the Federal Labor Law (FLL) and the Federal Law of Workers Serving the State (FLWSS).
The reform proposes that workers be granted a bereavement leave of at least five days following the death of their mother, father, child, sibling, spouse, or common-law partner.
The Senate first read the bill in April of this year, but the plenary vote has not yet taken place. Meanwhile, bereavement leave remains at the discretion and goodwill of the employer.
Previous attempts to include this right in the Federal Labor Law have failed, including in the 2016 legislative period within the Senate of the Republic.
Key Questions and Answers
- What is bereavement leave? Bereavement leave, or labor leave for grief, is a provision allowing workers to take remunerated days off following the death of a close relative.
- Is bereavement leave legally recognized in Mexico? No, the Federal Labor Law does not acknowledge bereavement leave. It is granted by employers on a discretionary basis.
- Which relatives qualify for bereavement leave? Most countries offer leave following the death of direct relatives. In Costa Rica and Chile, leave is extended to second and third-degree relatives.
- What is the current status of bereavement leave in Mexico? The Senate has not yet voted on a bill to make bereavement leave obligatory for employers, leaving it subject to employer discretion.
- Have there been previous attempts to include bereavement leave in Mexican labor law? Yes, there have been unsuccessful attempts to incorporate bereavement leave into the Federal Labor Law in 2016 and during a previous legislative period.
