On March 24, 2023, the Decree adding articles 101 and 102 Bis to the Social Security Law (the Amendment) was published in the Federal Official Gazette.

With the Amendment, it is established that the subsidy in money equal to one hundred percent of the last daily contribution salary to which the pregnant insured is entitled, may be paid in a single installment from the beginning of the pregnancy, with a single certificate of 84 days . Unlike how it had been done, in two exhibitions 42 days before and 42 days after birth.

In addition, the Amendment creates article 102 Bis which establishes that at the express request of the insured, with the prior authorization of the doctor of the Mexican Institute of Social Security or external doctor who carries out prenatal control and surveillance and taking into account the opinion of the employer and the nature of the work performed, may transfer up to four weeks of the six weeks off prior to childbirth to after childbirth. This provision, which was already established in the Federal Labor Law, is also becoming effective in the Social Security Law through the Amendment.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.