Mexico's Senate Backs Job Security for Breastfeeding Workers

Breastfeeding is acknowledged as one of the most effective methods to promote the health and survival of newborns and is considered the optimal source of nourishment for the growth and development of children.

In a move to strengthen this human right, Mexico's Senate has passed a reform to extend the breastfeeding period for employees, thereby ensuring their job stability.

- A Unanimous Vote for Maternal Support

On October 24th, the Mexican Senate overwhelmingly voted in favor (98 votes to 1 abstention) to amend the Federal Law for State Workers and the Federal Labor Law.

- Job Stability During Breastfeeding

The reform in Mexico compels the obligation to respect, protect, promote, and guarantee the right to employment stability for every worker capable of gestation, during breastfeeding, and throughout an extended breastfeeding period.

- Extended Breastfeeding Period Defined

Mexican legislators have identified the extended breastfeeding period as the first two years of a working person's child, who has the capacity to gestate.

- Ensuring Equal Benefits

It is also established that in Mexico, access to all employment benefits must be guaranteed to every woman and gestation-capable worker, during breastfeeding or the extended breastfeeding period of up to two years for their child, regardless of their employment status, whether permanent or in a position of trust.

- Strict Criteria for Dismissal

Accordingly, in Mexico, such employees can only be dismissed for a grave offense as specified by the prevailing Law.

- Mandatory Notification for Termination

Moreover, the reform dictates that any Mexican department head, as defined by Article 1 of the Law, who dismisses a pregnant worker is required to provide written notice detailing the behaviors that led to the termination and the specific dates when these actions occurred.

- Employer Obligations to Pregnant Workers

Article 132 of the Federal Labor Law in Mexico sets forth that employers are obligated to offer pregnant workers the protections as specified by laws and regulations, as well as to assure dignified and suitable conditions for privacy, hygiene, and breastfeeding accessibility for up to the first six months and into the second year of their child's life.

- Extraordinary Rest Periods

The law in Mexico also prescribes that during the extended breastfeeding period, the extraordinary rest per day will be thirty minutes, consistent with the terms stated in the current clause, extending up to two years postpartum.

- Leaders Emphasize Child Welfare

Napoleón Gómez Urrutia, president of the Mexican Commission of Labor and Social Welfare, emphasized that these reforms bolster the rights of working mothers and solidify the paramount interest of child welfare.

- Statistics on Working Mothers

Senator Rafael Espino de la Peña, president of the Second Legislative Studies Commission in Mexico, noted that the extended breastfeeding period ensures the right to employment stability. He also highlighted that according to INEGI, 41 percent of mothers in Mexico are economically active, with 63 percent being employed or laborers, while 26 percent are self-employed.

CPI’s Human Resources and Labor Expertise in Mexico

With the recent legislative advancements in Mexico to ensure employment stability for breastfeeding workers, the expertise of Co-Production International (CPI) in human resources and labor matters becomes even more invaluable. CPI has a deep understanding of the complexities of Mexico's manufacturing landscape and labor laws, ensuring that businesses are well-informed and compliant with the latest reforms. If you're looking to navigate the nuances of HR or labor law in Mexico, or want to learn more about how these changes may impact your operations, CPI is your go-to resource. Contact us today to benefit from our expertise and ensure your business thrives in alignment with Mexico’s commitment to the well-being of its workforce.