New maternity rules and ruling on housing credits granted by the INFONAVIT

a. Maternity disabilities

At the beginning of July, 2016, the Mexican Social Security Institute (“IMSS”) published new rules regarding maternity leaves, through its website (www.imss.gob.mx).

With the new published rules, the social security legal framework is now consistent with the Mexican Federal Labor Law. In summary, the new rules are the following:

i) Issuance of Maternity certificates. As of July 1, 2016, female employees are entitled to choose between receiving medical treatment during their pregnancies, from private doctors or from doctors appointed by the IMSS, in order to obtain the corresponding maternity certificates.

Should the employee opt to receive private medical services, she will now be obligated to attend a single medical appointment with the IMSS doctor, in order to obtain the maternity certificate.

In the event the employee chooses to receive medical services by the IMSS, she shall attend every appointment determined by the doctor appointed by the IMSS, in order to obtain the maternity certificate.

ii) Transfer of disability weeks. As from July 1, 2016, employees are entitled to transfer from 1 to 4 weeks of their pre-birth period to their post-birth period. Employees that wish to perform such switch, must fill the corresponding form, known as “Request for transfer of disability weeks from pre-birth period to post-birth period”. Such form must contain the consent of the employer and shall be validated by the doctor appointed by the IMSS.

b. Dismissal of draft judgement regarding constitutionality of the mortgage credits granted by the National Fund for Employees’ Housing Institute (“INFONAVIT”).

On July 14, 2016, the First Chamber of Mexico’s Supreme Court (“SCJN”) dismissed a petition filed by Justice José Ramón Cossío Díaz, proposing to declare the article 44 of the National Fund for Employees’ Housing Institute Law against the Mexican Constitution.

Mexico City on July 18, 2016