Home / glossary / Article 170 of the Federal Labor Law

Article 170 –ย Working mothers shall have the following rights:

Iย . ย ย ย ย ย ย ย ย During the period of pregnancy, they shall not perform work that requires considerable effort and represents a danger to their health in relation to gestation, such as lifting, pulling or pushing heavy weights, that produce trepidation, standing for long periods of time or that act or may alter their psychic and nervous state;

Section amended DOF 12/31/1974. Erratum DOF 09-01-1975.

IIย . ย ย ย ย ย ย ย ย They shall enjoy a six-week break before and six weeks after childbirth. At the express request of the worker, with the prior written authorization of the physician of the social security institution that corresponds to her or, if applicable, of the health service provided by the employer, taking into account the opinion of the employer and the nature of the work she performs, up to four of the six weeks of rest prior to childbirth may be transferred to after childbirth. In the event that the children were born with any type of disability or require hospital medical attention, the leave may be up to eight weeks after the birth, upon presentation of the corresponding medical certificate.

In the event that authorization from private physicians is presented, it must contain the name and professional license number of the issuer, the date and the medical condition of the worker.

Section amended DOF 30-11-2012

II Bis.ย In case of adoption of an infant, they shall enjoy a six-week paid leave following the day on which they receive the child;

Section added DOF 30-11-2012

IIIย . ย ย ย ย ย ย ย ย The rest periods referred to in the previous section shall be extended for the necessary time in the event that they are unable to work due to pregnancy or childbirth;

IVย . ย ย ย ย ย ย ย ย During the breastfeeding period, for a maximum term of six months, they shall have two extraordinary breaks per day, of half an hour each, to feed their children, in a suitable and hygienic place designated by the company, or, when this is not possible, upon agreement with the employer, their workday shall be reduced by one hour during the aforementioned period;

Section amended DOF 30-11-2012

Vย . ย ย ย ย ย ย ย ย During the rest periods referred to in Section II, they shall receive their full salary. In the cases of extension referred to in Section III, they shall be entitled to fifty percent of their salary for a period not to exceed sixty days;

VIย . ย ย ย ย ย ย ย ย To return to the position they held, provided that no more than one year has elapsed from the date of delivery; and

VIIย . ย ย ย ย ย ย ย ย To have pre- and post-natal periods computed in their seniority.