1. BGV&GB Employer Obligations with respect to Nursing Mothers Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. Judith A. Wilson, Esq. jwilson@bryanlex.com Blvd. Agua Caliente No. 10611-303 22420 Tijuana, Baja California, Mex.

2. BGV&GB On April 2, 2014, the Federal Official Gazette published the Decree amending and adding to various provisions of the Social Security Law and the General Law on Women's Access to a Life Free of Violence. Said reforms refer to the employers’ obligation to provide working mothers, during the nursing period with extra breaks, plus an adequate, hygienic place to pump or nurse their child. © Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. 2014

3. BGV&GB Background © Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. 2014 Article 170(IV) of the Federal Labor Law establishes that working mothers will be entitled to: a. A nursing period of six months, at most. b. Two extra breaks of 30 minutes each per day to feed their children, over a 6-month period. c. An hygienic place at the workplace to feed their children as the company may designate, or d. The employer may reduce the workday by one hour during the 6 month nursing period.

4. BGV&GB Change to Social Security Law Article 94 of the Social Security Law, has been amended as follows: The Mexican Social Security Institute will grant mothers the following benefits, among others, during pregnancy, childbirth, and the postpartum periods: II. Aid in kind during 6 months for nursing, training, and encouraging breastfeeding, to promote it as the exclusive sustenance for the child during its first six months of life and as supplementary nourishment until the child is two years old; III. During the nursing (6-month) period, working mothers will be entitled to decide between getting two extra breaks per day of 30 minutes each or one single break of 1 hour to nurse their children or for pumping in an adequate, hygienic space designated by the institution or agency. © Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. 2014

5. BGV&GB © Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. 2014 Article 11 of the General Law on Women's Access to a Life Free of Violence was reformed to include the failure to allow a woman from taking her nursing breaks is considered violence at the workplace. Change to Women’s Law

6. BGV&GB © Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. 2014 General Law on Women's Access to a Life Free of Violence Article 11. Workplace violence is: 1.The illegal failure to hire the victim, or respect her permanence and general working conditions; 2.The disqualification of the work performed; 3.Threats; Intimidation; Humiliation; Exploitation; 4.Not allowing or preventing a woman from taking the nursing period established in the law; and 5.Discrimination of all types for being a woman. Women’s Rights

7. BGV&GB Conclusions The new provisions of the LSS contravene the provisions of the FLL. The FLL allows employers to reduce one hour of the nursing mother’s workday, if the employer is unable to provide an adequate, hygienic nursing space at the workplace. On the other hand, under the reform, the LSS establishes that a nursing mother may have the option to take two 30 minute breaks a day or to take a one-hour break a day to feed her child or pump, but always at the workplace. In addition to the foregoing, the reform to the LSS establishes that the adequate, hygienic nursing space should be designated by the institution or agency, without defining what institution or agency it refers to, thus contravening the provisions of the FLL, since the latter may be designated by the company.

8. BGV&GB Inspections © Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. 2014 Even though under the FLL currently in force an employer may not have a nursing space, we highly recommend employers to provide an adequate, hygienic nursing space in workplace, since in the practice, under the inspections being conducted by the Ministry of Labor and Social Welfare, the inspectors are demanding that such space be available. Otherwise, they are imposing fines for such failure.

9. BGV&GB Sanctions Under the FLL, the possible sanctions for failure to comply include: Fines ranging from US$250 Dollars up to approximately US$25,000 Dollars (from 50 to 5000 minimum salaries), per ocurrence. © Bryan, Gonzalez Vargas & Gonzalez Baz, S.C. 2014

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