Maternity Leave Application Mexico (Solicitud de Permiso de Maternidad)

A Maternity Leave Application Mexico (Solicitud de Permiso de Maternidad or Aviso de Incapacidad por Maternidad) is the formal written notification submitted by a pregnant trabajadora (worker) to her patron (employer) requesting authorization for maternity leave and confirming her intention to exercise the maternity rights guaranteed under the Ley Federal del Trabajo (LFT) — published in the Diario Oficial de la Federación on 1 April 1970 and reformed through 2022 — and under the Ley del Seguro Social (LSS, published in the DOF on 21 December 1995). The document initiates the employer's administrative obligations, triggers IMSS subsidy payments, and creates the written record required for STPS compliance and the worker's personnel file under Article 804 LFT.

The constitutional basis for maternity rights in Mexico is Article 123, Apartado A, Fracción V of the Constitución Política de los Estados Unidos Mexicanos of 5 February 1917, which mandates that women workers be given rest periods before and after childbirth, receive full salary during those periods, retain their employment and seniority rights, and receive assistance from IMSS for medical attention and baby supplies. The detailed statutory framework is established by Article 170 of the Ley Federal del Trabajo, which governs pregnancy and maternity rights for private-sector workers (trabajadoras), and Articles 101 through 103 of the Ley del Seguro Social, which establish the IMSS maternity subsidy (subsidio por maternidad) payable during the leave period.

Under Article 170 LFT, pregnant workers are entitled to six weeks of paid rest (descanso) before the expected date of childbirth (fecha probable de parto) and six weeks of paid rest after delivery — for a total of twelve weeks (84 calendar days) of maternity leave. At the worker's option, the prenatal rest period of up to four weeks may be transferred to the postnatal period, extending postnatal leave to up to ten weeks, provided the work performed does not constitute a risk to the health of the fetus or the mother. During maternity leave, the employer must: pay the worker her full salary; maintain her in her job position and seniority; and not count the maternity leave period against any vacation or annual bonus calculations.

The IMSS maternity subsidy under Article 101 LSS is the financing mechanism for maternity leave payments. Workers registered with the IMSS who have made contributions for at least 30 weeks within the 12 months preceding the expected date of birth (fecha probable de parto) are entitled to receive a daily subsidy equal to 100% of their average daily wage (salario promedio diario) registered with the IMSS. The subsidy is paid directly by IMSS to the worker, and the employer's payment obligation is accordingly reduced — in practice, many employers pay the full salary during leave and subsequently recover the IMSS subsidy amount, while others pay only the IMSS subsidy amount with the worker receiving the balance directly from IMSS. The total IMSS maternity subsidy is paid from the maternity insurance (seguro de enfermedades y maternidad) branch of IMSS funded by employer and worker contributions under Articles 25 and 107 LSS.

Beyond the salary and subsidy, Article 170 LFT grants pregnant workers additional protections. Employers are prohibited from assigning pregnant workers to tasks requiring physical exertion that endangers the pregnancy under Article 170 Section I LFT. Workers must be assigned to lighter duties or allowed to continue in their role without physical risk certification from the IMSS (certificado de riesgo en el trabajo para embarazadas). Article 170 Section VI LFT prohibits employers from dismissing pregnant workers or from requiring them to present certificates of non-pregnancy as a condition of employment or promotion — a practice that constitutes prohibited discrimination under Article 3 LFT and the Ley Federal para Prevenir y Eliminar la Discriminación, enforced by the Consejo Nacional para Prevenir la Discriminación (CONAPRED).

For workers in the public sector covered by the Ley Federal de los Trabajadores al Servicio del Estado (LFTSE, Apartado B of Article 123), maternity rights are governed by Article 28 LFTSE and the ISSSTE (Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado) regulations, which provide equivalent protections — 90 days of paid maternity leave plus breastfeeding breaks. The private-sector LFT framework analyzed in this document applies to all workers under Apartado A of Article 123.

A Maternity Leave Application Mexico is needed at a specific point in the pregnancy process and must be submitted with adequate advance notice to allow the employer and IMSS to process the leave correctly.

The application is needed as soon as the worker's pregnancy is medically confirmed and an expected date of birth (fecha probable de parto) has been established by an IMSS-affiliated gynecologist or family doctor. Under Article 170 LFT, the worker must provide the employer with a medical certificate (certificado médico) issued by the IMSS (through the worker's Unidad de Medicina Familiar — UMF — or a IMSS-authorized clinic) confirming the expected date of birth, so that the six-week prenatal leave can be scheduled to commence at the right time. The Maternity Leave Application should accompany or immediately follow the delivery of this IMSS prenatal certificate to the employer's human resources department.

The document is also needed when the worker exercises her option under Article 170 LFT to transfer up to four weeks of prenatal leave to the postnatal period. This election must be formalized in writing — preferably in the maternity leave application itself — and must be supported by a medical opinion from the IMSS confirming that continued work during the transferred prenatal period poses no risk to the fetus or the worker's health. The employer must record the worker's election and the supporting medical documentation in the personnel file.

The application is needed for IMSS subsidy processing. Workers must register their maternity leave with the IMSS through the employer's IMSS account or through the IMSS digital portal, providing the UMF-issued prenatal certificate (certificado prenatal IMSS) and the worker's NSS (Número de Seguridad Social). The IMSS will verify that the worker has accumulated the minimum 30 contribution weeks in the 12 months before the expected birth date under Article 101 LSS before approving the subsidy. Employers who fail to register the maternity leave with IMSS lose the ability to offset the subsidy against their payroll obligations and may remain liable for the full salary during the leave period.

A Maternity Leave Application is also needed in cases of premature birth (parto prematuro), multiple birth (parto múltiple), or adoption (adopción) of an infant. For adoptions, Article 170-bis LFT (added by reforms) provides adoptive mothers with maternity leave equivalent to the postnatal period. For premature births, the prenatal leave period that was not yet started at the time of birth transfers automatically to the postnatal period under IMSS regulations. Each of these scenarios requires a specific written request documenting the circumstances and the adjusted leave schedule.

Finally, the application is needed for payroll and IMSS reporting compliance. From the date of maternity leave commencement, the employer must modify the worker's payroll to reflect the IMSS subsidy arrangement — either continuing full salary with internal IMSS offset recovery, or paying only the difference between the IMSS subsidy and the worker's actual salary. The CFDI de Nómina (payroll digital receipt) issued for maternity leave periods must use the correct payment concept codes under the SAT's Anexo 20 specifications, and the IMSS must be notified of the leave commencement through the employer's IMSS registration portal.

A valid Maternity Leave Application Mexico must include the following elements to satisfy the legal requirements of Ley Federal del Trabajo art. 170, Ley del Seguro Social art. 101, and STPS documentation standards.

Worker Identification: Full legal name of the pregnant worker (trabajadora), her job title (puesto), department (área), IMSS Social Security Number (NSS), RFC, and CURP. The NSS is essential for verifying the worker's IMSS contribution history (semanas cotizadas) and processing the maternity subsidy under Article 101 LSS. The CURP is required for IMSS prenatal certificate cross-referencing.

Employer Identification: Full legal name (razón social) and RFC of the employer (patrón), the employer's IMSS registro patronal, and the name and contact details of the authorized HR representative receiving the application. The IMSS registro patronal is needed to file the maternity leave notification through the employer's IMSS account.

Expected Date of Birth and Medical Certificate Reference: The worker's expected date of birth (fecha probable de parto) as certified by the IMSS Unidad de Medicina Familiar (UMF), and the date and folio number of the IMSS prenatal certificate (certificado prenatal). The prenatal certificate is issued by the IMSS UMF and constitutes the primary medical document initiating maternity leave entitlement under Articles 84 and 101 LSS.

Prenatal Leave Dates: The requested start date of prenatal leave (fecha de inicio del descanso prenatal), which must be six weeks before the expected date of birth under Article 170 LFT. Where the worker exercises the option to transfer up to four weeks of prenatal leave to the postnatal period, the application must state the elected prenatal period (minimum two weeks) and the corresponding extension of postnatal leave, supported by an IMSS medical opinion confirming no risk to the pregnancy.

Postnatal Leave Dates: The expected postnatal leave end date (fecha de término del descanso postnatal), which is six weeks after the actual date of delivery — to be confirmed once the child is born and the IMSS birth certificate (acta de nacimiento IMSS) is issued. In cases of premature birth or complications requiring extended postnatal care, the postnatal period may be extended under IMSS medical criteria, and the application should note that postnatal dates are subject to confirmation.

IMSS Subsidy Acknowledgment: A statement confirming the worker's understanding of the IMSS maternity subsidy mechanism under Article 101 LSS — that the subsidy equals 100% of the average daily wage registered with IMSS, paid for the duration of the maternity leave, and funded through the seguro de enfermedades y maternidad branch of IMSS. The worker should confirm her NSS and verify through the IMSS digital portal (IMSS Digital) that her 30-week contribution minimum is met.

Job Protection and Seniority Confirmation: A clause confirming that, under Article 170 Section IV LFT, the worker's employment position (puesto), seniority (antigüedad), and all employment rights are preserved during maternity leave — the leave period does not interrupt the employment relationship for any LFT benefit calculation purpose. The employer's signature on this clause constitutes an acknowledgment of this statutory obligation.

Breastfeeding Break Notice: A reference to Article 170 Section V LFT and Article 94 LFT, which entitle the returning worker to two 30-minute breastfeeding breaks per working day (or equivalent flexible time as agreed) for up to six months after returning from maternity leave. The worker should submit a separate Solicitud de Permiso de Lactancia upon return, but the maternity leave application may include an advance notice of this upcoming entitlement.

Signature Block: Signatures of the worker and the authorized employer representative, city and date in DD/MM/YYYY format, and a written employer acknowledgment (acuse de recibo) confirming receipt of the application and the attached IMSS prenatal certificate. This acknowledgment creates the documentary evidence that the employer was timely notified of the pregnancy and maternity leave dates.

Forms-legal.com provides this Maternity Leave Application Mexico template as a practical starting point for documenting maternity leave under Mexican labour and social security law. Each application should be submitted with the IMSS prenatal certificate attached, and employers should immediately register the leave through their IMSS employer portal to avoid subsidy processing delays.