On June 4th, 2019, the amendment to various provisions was published in the Federal Official Gazette (DOF, by its acronym in Spanish), which refer to the prerogative of parents of minors who have been diagnosed with cancer to take leave for medical care. The main specs of these additions are detailed below:

  1. Allows the employee to enjoy a paid leave.
  2. The employee's child must be under the age of sixteen, so that he or she can enjoy said leave.
  3. The Institute which diagnosed the illness may issue a certificate validating the condition, as well as the period of time the treatment shall take.
  4. The leave shall last from one day up to twenty-eight days.
  5. They may issue as many leaves as needed, for a maximum period of three years, without exceeding three hundred and sixty-four days during the total leave.

It is important to emphasize that, if the leave is not granted when appropriate, the employee will be granted the entitlement to terminate the employment relationship due to reasons attributable to the employer, which would result in the obligation to pay a constitutional indemnization, that consists in the payment of 3 months of integrated salary, 20 days per year worked and 12 days per year worked limited to twice the minimum salary.

Given that the decree is valid since the day after its publication, it is essential to take into account the amendments made as a new prerogative to employees.

Originally published 21 June 2019

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