Mexico: Proposal to Introduce Statutory Bereavement Leave for the Death of Immediate Family Members
According to the bill, employees shall be entitled to paid statutory bereavement leave upon the death of certain family members, consisting of seven calendar days in the event of the death of a spouse, common-law partner, child or parent, and three calendar days in the event of the death of a sibling, grandparent or grandchild. Such leave shall commence on the day following the date of death and shall be substantiated by the corresponding death certificate. Employers and employees shall determine the number of employees required to remain on duty; failing agreement, the matter shall be determined by the Labor Court.
The death of an immediate family member constitutes one of the most significant personal contingencies that any individual may experience. The available psychological and empirical evidence demonstrates that the grieving process may give rise to emotional, cognitive and physical effects that have a direct impact upon an employee’s health and work performance.
Numerous studies concerning mental health and bereavement conclude that the loss of a loved one may result in profound sadness, stress, anxiety, emotional exhaustion and sleep disturbances, thereby impairing concentration, attention and memory. Furthermore, bereavement has been shown to increase the likelihood of workplace errors, occupational accidents and reduced productivity, particularly in occupations requiring sustained attention, decision-making or frequent interaction with third parties.
Similarly, bereavement may lead to unplanned absences from work or difficulties in achieving a full return to normal working activities, particularly where the employee must simultaneously fulfil family responsibilities, complete administrative formalities, organise funeral arrangements or provide emotional support to other family members. In certain cases, the emotional impact may also manifest itself physically through psychosomatic conditions affecting the individual’s overall health.
Accordingly, bereavement should not be regarded merely as a private or emotional matter lying outside the employment relationship, but rather as a human contingency producing tangible consequences for the health, well-being and performance of employees. It is therefore appropriate for the labour law framework to recognise this circumstance and establish minimum safeguards consistent with the principle of decent work.
Notwithstanding the foregoing, the Federal Labour Law currently contains no provision guaranteeing paid leave following the death of an immediate family member, thereby leaving employees, in many cases, dependent upon the discretion of their employer or the internal policies of the relevant workplace. Such legislative omission appears incompatible with the right to decent work recognized in the first paragraph of Article 123 of the Political Constitution of the United Mexican States, as well as with the right to health protection guaranteed under Article 4 of the same constitutional instrument.
Against this background, the recognition of statutory bereavement leave constitutes a reasonable and proportionate measure designed to strengthen the protection of employees’ labour and health rights, particularly in circumstances that directly affect their emotional, family and physical well-being.
Proposed Legislative Amendment
Accordingly, the proposed amendment represents a further step towards consolidating the constitutional standard of decent work established under the Mexican legal framework.
It is proposed that Articles 74 Bis and 75 of the Federal Labour Law be amended to read as follows:
Article 74 Bis. Employees shall be entitled to mandatory paid leave upon the death of family members, as follows:
- Seven calendar days, where the deceased is the employee’s spouse, common-law wife, common-law husband, son, daughter, father or mother;
- Three calendar days, where the deceased is the employee’s brother, sister, grandfather, grandmother, grandson or granddaughter.
The leave referred to in this Article shall commence on the day following the date of death. The employee shall substantiate entitlement to such leave by producing the relevant death certificate.
Article 75. In the cases referred to in Article 74, employers and employees shall determine the number of employees required to remain on duty. Where no agreement is reached, the matter shall be determined by the Law.
