March 28, 2020

Paid Leave for Certain Groups


On March 24, 2020 the Mexican government issued a decree that requires employers to give certain groups of employees paid leave with benefits, effective as of such time and through April 19, 2020.  The following are the high-risk groups of employees listed in the decree:
  • Employees who are over age 65.
  • Women who are pregnant or nursing.
  • Employees with a disability.  Unfortunately, the decree does not define disability.
  • Employees with chronic diseases such as hypertension, pulmonary disease, kidney disease, lupus, cancer, diabetes, heart disease, liver or metabolic disease, and obesity.
  • Employees who take medication that suppresses the immune system.
The decree does not declare a sanitary emergency, and, as a result, there is significant discussion regarding the scope of the decree and whether it potentially extends to all workers. While opinions do vary, the current consensus is that the decree applies only to the groups listed above.

Additionally, there has been much discussion regarding the definition of obesity. Based on criteria from the World Health Organization and guidelines issued by the Mexican Social Security Institute, an individual whose body mass index is 30 or more is considered obese.

Contact Information:

Pablo Sáenz | psaenz@ccn-law.com.mx
Javier Zapata | jzapata@ccn-law.com.mx