Breastfeeding Break Request Mexico (Solicitud de Permiso de Lactancia)

A Breastfeeding Break Request Mexico (Solicitud de Permiso de Lactancia or Solicitud de Descansos para Lactancia) is the formal written document through which a trabajadora (worker) returning from maternity leave requests from her patron (employer) the scheduling of the two paid daily nursing breaks guaranteed under Article 170, Fraction IV of the Ley Federal del Trabajo (LFT) — published in the Diario Oficial de la Federación on 1 April 1970 and reformed through 2022. The document establishes the agreed schedule for the two 30-minute breaks per working day (or the agreed equivalent flexible arrangement), the duration of the entitlement period (up to six months after the date of return from maternity leave), and the employer's acknowledgment of the obligation — creating the written record required for STPS compliance and the worker's personnel file under Article 804 LFT.

The constitutional basis for breastfeeding rights in the workplace is found in Article 123, Apartado A, Fracción V of the Constitución Política de los Estados Unidos Mexicanos of 5 February 1917, which mandates that women workers receive adequate assistance during the breastfeeding period. At the international level, Mexico's obligations derive from ILO (OIT) Convention No. 183 on Maternity Protection and Recommendation No. 191, which establish that nursing mothers should have the right to nursing breaks or a reduction of daily working hours. The World Health Organization (WHO) recommends exclusive breastfeeding for the first six months of infant life and continued breastfeeding alongside solid foods for up to two years — a recommendation that underpins Article 170 Fraction IV LFT's six-month entitlement period.

Article 170, Fraction IV LFT establishes that, during the breastfeeding period, the worker is entitled to two extraordinary rest periods (descansos extraordinarios) of at least 30 minutes each during the working day, for the purpose of nursing (lactancia materna). The two 30-minute breaks are paid working time — they do not reduce the worker's daily salary, they are counted as hours worked for IMSS and payroll purposes, and they may not be deducted from vacation entitlement, aguinaldo, or any other accrued benefit. The law does not prescribe the specific times within the working day when the breaks must be taken — scheduling is subject to agreement between the employer and the worker, taking into account the operational needs of the workplace and the worker's nursing schedule.

The six-month period for which breastfeeding breaks are available runs from the worker's date of return to work after maternity leave — not from the date of birth. In practice, where maternity leave ends twelve weeks after delivery, the breastfeeding break entitlement begins at the twelve-week mark and continues for six months, giving the mother a total of approximately nine months of protected nursing time from birth (twelve weeks of maternity leave plus six months of break entitlement). This structure aligns with Mexico's general policy under the Plan Nacional de Desarrollo and the IMSS maternal health programs promoting breastfeeding.

The Solicitud de Permiso de Lactancia also implicates the employer's obligations under Article 170 Fraction III LFT, which requires the employer to maintain the worker's employment, seniority, and all employment rights uninterrupted during the breastfeeding period, and under NOM-035-STPS-2018 (Factores de Riesgo Psicosocial en el Trabajo), which requires employers to identify and address workplace conditions that may interfere with the worker's physical or emotional health — including lack of appropriate accommodation for nursing mothers, such as a dedicated private lactation space (sala de lactancia) or refrigeration facilities for expressed breast milk.

Some employers in Mexico provide a sala de lactancia as part of their workplace facilities — either as a legal requirement under the Norma Oficial Mexicana NOM-007-SSA2-2016 (Atención de la mujer durante el embarazo, parto y puerperio) in healthcare facilities, or as a voluntary superior benefit for other employers. The Solicitud de Permiso de Lactancia should reference whether a designated lactation space exists at the workplace and, if not, how the break will be accommodated — this information is relevant for the NOM-035 psychosocial risk assessment and for the worker's right to safe and dignified working conditions under Article 51 Section VI LFT.

The Secretaría del Trabajo y Previsión Social (STPS), through its Inspección del Trabajo program, actively monitors compliance with Article 170 LFT breastfeeding rights. Employers who refuse to grant the two daily breaks, who reduce the worker's salary for time taken for nursing, or who create hostile conditions for nursing workers are subject to STPS sanctions under Articles 992 through 1002 LFT and may face discrimination complaints before the Consejo Nacional para Prevenir la Discriminación (CONAPRED) under the Ley Federal para Prevenir y Eliminar la Discriminación.

A Breastfeeding Break Request Mexico is needed immediately upon a worker's return from maternity leave under Article 170 LFT, and should be submitted to the employer before or on the first day of return to work, so that the break schedule can be agreed and implemented from the first working day.

The form is needed by every worker returning from maternity leave who chooses to breastfeed her child. The right to two 30-minute breaks per day under Article 170 Fraction IV LFT is an absolute entitlement — the worker does not need to justify or prove that she is breastfeeding, and the employer cannot condition the breaks on medical certification or evidence of active nursing. The worker's declaration of intent to exercise the breastfeeding break right is sufficient to trigger the employer's obligation.

The document is also needed when scheduling flexible alternatives to the two 30-minute breaks. Article 170 Fraction IV LFT specifies two extraordinary rest periods of at least 30 minutes each — but many employers and workers agree, by mutual written consent, on equivalent flexible arrangements such as: a single one-hour break per day (consolidating the two 30-minute breaks), a 30-minute early start combined with a 30-minute early departure, or a reduced daily working hour schedule with proportional salary maintained. Any such alternative arrangement must be mutually agreed and documented in writing to ensure the worker waives no statutory rights and the employer creates no unilateral obligation in the alternative schedule. The Solicitud de Permiso de Lactancia is the appropriate vehicle for documenting these agreed alternatives.

The form is needed in workplace environments where physical accommodation for nursing must be arranged. Where the employer's premises lack a designated lactation room (sala de lactancia), the worker may submit the Solicitud specifying that she requires a private, hygienic, and comfortable space for nursing or milk expression during the break periods. Employers subject to the Norma Oficial Mexicana NOM-007-SSA2-2016 in healthcare settings are obligated to provide such facilities. Non-healthcare employers are increasingly required under NOM-035-STPS-2018 psychosocial risk assessments to address the absence of nursing facilities as a workplace risk factor that may require remediation.

The application is needed for payroll compliance. From the worker's return date, the two 30-minute daily breaks must be reflected in the IMSS registration as paid working time — the employer cannot report the breastfeeding breaks as absences or unpaid time in the SUA (Sistema Único de Autodeterminación) bimonthly IMSS contribution report. The CFDI de Nómina (payroll digital receipt) for each pay period during the six months of breastfeeding breaks must reflect the worker's full salary inclusive of the break time under the SAT's Anexo 20 specifications. Errors in IMSS or SAT reporting of breastfeeding break time can trigger payroll audits and ISR withholding discrepancies.

The document is also needed when an employer seeks to modify the agreed break schedule — for example, due to a change in the worker's shift or departmental assignment. Any modification to the break schedule requires the worker's renewed written consent through an amended Solicitud, as the original agreed schedule creates an employment condition that cannot be unilaterally altered under Article 57 LFT. If the modification results in practical inability to breastfeed, it may constitute a constructive rescission ground under Article 51 LFT.

A valid Breastfeeding Break Request Mexico under Article 170, Fraction IV of the Ley Federal del Trabajo must include the following elements to create a clear, enforceable break schedule and complete personnel file documentation.

Worker Identification: Full legal name of the nursing worker (trabajadora), her job title (puesto), department (área o departamento), IMSS Social Security Number (NSS), RFC, and CURP. The NSS is essential for IMSS payroll reporting during the breastfeeding break period. The RFC is required for CFDI de Nómina records confirming that the worker's salary was paid in full during the break periods.

Employer Identification: Full legal name (razón social) and RFC of the employer (patrón), the employer's IMSS registro patronal, and the name and position of the authorized HR representative receiving and approving the request. The IMSS registro patronal ensures the break period is correctly reflected in IMSS SUA bimonthly contribution reporting.

Maternity Leave Return Date: The worker's date of return from maternity leave (fecha de regreso al trabajo tras el descanso de maternidad) in DD/MM/YYYY format, which establishes the start date of the six-month breastfeeding break entitlement under Article 170 Fraction IV LFT. The entitlement end date (six months from the return date) should also be calculated and stated in the document.

Break Schedule: The agreed schedule for the two 30-minute paid breaks per working day — specifying the time of each break (e.g., Break 1: 10:00–10:30 hrs; Break 2: 15:00–15:30 hrs) or the agreed flexible equivalent (e.g., one 60-minute consolidated break at 12:00–13:00 hrs, or 30 minutes early arrival offset plus 30 minutes early departure). The schedule must be agreed by both the worker and the employer and should accommodate the worker's nursing or milk expression needs while minimizing operational disruption. Either party may request schedule review as circumstances change, but modifications require mutual written consent under Article 57 LFT.

Lactation Space Designation: Identification of the specific location on employer premises designated for use during breastfeeding breaks — a sala de lactancia (dedicated lactation room) if available, a private office, or an equivalent enclosed space providing privacy, hygiene, and comfort. Where no suitable space exists on premises, the document should record the agreed accommodation — for example, a nearby private facility, permission to leave the premises briefly, or a schedule-adjusted break period enabling the worker to travel to an off-site location. Employers should note that the absence of lactation facilities may constitute a psychosocial risk factor subject to assessment under NOM-035-STPS-2018.

Salary Continuity Confirmation: An express statement that the two 30-minute daily breaks are paid working time under Article 170 Fraction IV LFT, that the worker's full daily salary continues without deduction for break time, and that the breaks do not reduce vacation entitlement, aguinaldo, PTU (Participación de los Trabajadores en las Utilidades), or any other benefit. This clause prevents unauthorized payroll deductions and creates the evidentiary record needed for STPS and SAT compliance.

Employment and Seniority Protection: Confirmation that the worker's employment position (puesto), seniority (antigüedad), and all employment rights are maintained throughout the six-month breastfeeding break entitlement period under Article 170 LFT, consistent with the protections applicable during the maternity leave period under Article 170 Section III LFT.

Duration and Expiry: The specific start and end dates of the breastfeeding break entitlement in DD/MM/YYYY format (six months from the return to work date), and a brief process for requesting an extension or alternative arrangement if the worker continues breastfeeding beyond the statutory six-month period. Extensions beyond six months are not mandated by Article 170 LFT but may be granted as superior benefits by the employer under Article 57 LFT.

Signature Block: Signatures of the worker and the authorized employer representative, city and date in DD/MM/YYYY format, and written employer acknowledgment (acuse de recibo) confirming receipt of the request and commitment to implement the agreed break schedule. A copy of the signed document should be provided to the worker for her personal records.

Forms-legal.com provides this Breastfeeding Break Request Mexico template as a practical tool for establishing the nursing break schedule in compliance with Article 170 Fraction IV LFT. Employers should file signed requests in each worker's personnel file under Article 804 LFT and update their IMSS SUA payroll configuration to reflect paid break time from the first day of the agreed schedule.