Breathe
By Fernanda García, Coordinator of Women in the Economy at the Mexican Institute for Competitiveness (IMCO).
I recently asked my dad how many work days he took off when I was born and what it was like to be absent from his office. He told me that it was not a complicated process, that in my case, as in my sisters', he always had a boss who gave him permission without any problem. As for the time, I did not remember exactly, but most likely it would have been half a day or, at most, a full day. Back then, that was the norm.
What has changed in the last 28 years? A lot and nothing at the same time. The main advance is that paternity leave now exists. They came late, but they came. In Mexico they were implemented at the end of 2012, 42 years after maternity leaves, which have existed since the Federal Labor Law was enacted in 1970. Fathers are no longer at the expense of a boss who allows them to be present at the birth of their daughters or sons.
In addition, more women are now participating in the Mexican labor market. According to the World Bank, the proportion of women in the labor force increased from 38% to 45% between 1994 and 2022. This structural change is not reflected in legislation, as the conditions of permits and licenses do not respond to the reality of today's economy.
As women's insertion into the labor market advances, the inequality between paternity leave (5 days) and maternity leave (84 days) is unsustainable. Equalizing the time, in addition to allowing fathers to take a more active role in caregiving, has the potential to build an even floor for men and women in the labor market. Equalizing incentives for mothers and fathers would help bring more women into the paid economy.
This is rarely talked about, but it would minimize gender bias - conscious or unconscious - from the moment of hiring and even promotion. By knowing that women will be absent when they become mothers at the same rate as fathers, workplaces can focus on attracting and retaining the best talent regardless of gender. This would benefit all women-whether they want to be mothers or not-because it is often taken for granted that all women will be mothers and thus pause their careers at some point.
Although it is common to use the terms license and permit interchangeably, they are not the same thing. In addition to the duration, there are two disparities that need to be made visible. First, leaves of absence are mandatory but leaves of absence are not. Second, although in both cases paid leave is granted, the big difference lies in who finances it. Maternity leave is covered by social security, while leave is paid for by the workplace.
In other words, maternity leave is a labor right of women and paternity leave is an obligation of the employer.
There are still many paradigms to be broken. There is no point in extending leave if parents are not going to take advantage of it. Anecdotally, it is common to hear that they feel judged, guilty, or disobligated for using these days. They even fear losing their jobs. Feelings that have resonated for decades among mothers who have gradually joined the labor market.
While these gender stereotypes disappear, let's create leaves for equality. Paternity leaves that have the same extension as maternity leaves -for this purpose, their financing scheme must change-, in addition to guaranteeing that they are mandatory and non-transferable. The labor market is no longer the same, and legislation must change if we want to build new realities at home and at work.
*Fernanda holds a degree in Political Science from ITAM and a Master's degree in Public Policy from the London School of Economics and Political Science. She currently works in the Inclusive Society area of IMCO on gender and education issues. Her main focus is on measuring women's participation in the economy, measuring the gaps and making visible the challenges they face. As well as promoting proposals to generate optimal conditions for more women to enter, grow and remain in the labor market.
The opinions expressed are the responsibility of the authors and are absolutely independent of the position and editorial line of Opinion 51.
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