When women decide to have children and are working actively, it is important to know that there are certain prerogatives in the legislation that guarantee them in the process of pregnancy and motherhood.
Nowadays, there is a significant number of female workers in the labor market of any sector or industry that has gradually been gaining ground in positions and positions that were long ago exclusive to men. What happens when they decide to have children while they are active at work?
Article 2, section X of the Medical Benefits Regulations of the Mexican Institute of Social Security (IMSS) defines maternity as:
The physiological state of the woman caused by the process of human reproduction in relation to pregnancy, childbirth, puerperium and lactation.
Article 123, subsection A, section V of the Political Constitution of the United Mexican States establishes that during the period of maternity, the workers have the right to enjoy a rest of six weeks prior to the date set approximately for childbirth and another equal period after the birth of his son , having to receive his full salary.
About the transfer of weeks from prenatal to postnatal
Article 170, section II of the LFT states that at the express request of the pregnant woman, with the medical authorization of the IMSS and taking into account the nature of the work performed , up to four of the six weeks of rest prior to delivery may be transferred after the same, as shown:
How to process the transfer of weeks in the IMSS?
If the insured wishes to process the transfer of weeks from prenatal to postnatal period to spend more time with her baby it is feasible up to 4 weeks . Then the process that must be done:
1. Present with your family doctor at week 34 of pregnancy to certify the pregnancy.
2. Carry the following documents:
- Current official identification with photograph
- Official document showing your Social Security Number
- Two originals of the “Application for Transfer of Rest Weeks from prenatal to postnatal period” duly filled out, where the employer gives consent to the transfer. If it is treated externally, the opinion of the attending physician must also be available.
If the insured has more than one job , both employers must be included in the two applications. In both documents the signatures must be autographs, since photostatic copies are not received.
3. If you meet the requirements and the family doctor authorizes the transfer of weeks , you will be told when to return for the sole certificate of maternity disability to be issued.
4. If the birth occurs on a date after the scheduled one, go to the family doctor to request the link disability , one day before and up to two after the end of the maternity disability .
In relation to the subject, articles 101 of the LSS, as well as the 137 and 138 of the Regulation of Medical Benefits establish that the insured workers have the right to be issued a certificate of temporary incapacity for work . Also to receive a subsidy equivalent to 100% of your base salary for contributions during the 42 days prior to the birth and 42 days after the same .
To qualify for the subsidy you must have at least 30 weekly contributions covered in the 12 months prior to the date on which the payment should begin . If this is not fulfilled, the employer will cover the full salary of the worker .
The IMSS authorities, through internal administrative criteria, provide the facility so that the respective disability certificate can be issued for the total number of days that result from the sum of both periods of 42 days , that is, up to 84 days . With this, when a worker presents her delivery before the scheduled date , even if she has not requested the transfer of weeks from the prenatal to postnatal period, she is entitled to the certificate of maternity disability and, where appropriate, to the payment of the corresponding subsidy. , cover a total of 84 days of rest.