Cases and situations · 3 min read
Sick leave, vacations and absences: how they look in the record
Short answer
A day without a record must have an explanation: disability, vacation, rest, leave or absence. A gap with no reason is the first thing an authority or a lawyer will question.
Types of day without a workday
- Weekly rest or holiday.
- Vacation.
- IMSS disability.
- Leave with or without pay.
- Unjustified absence.
Why tell them apart
Because each one is paid differently and affects aguinaldo (year-end bonus), vacation and profit sharing in a different way.
Good practice
Close out each week with no "blank" days.
The reform in one minute
The reform has two parts. On March 3, 2026, article 123 of the Constitution was amended to set the 40-hour workweek. On May 1, 2026, the Federal Labor Law was amended, which is where the detail is.
- The maximum working week drops from 48 to 40 hours, two hours per year, between 2027 and 2030.
- Overtime has a weekly cap: it is paid at double time up to the cap and at triple time for up to 4 more hours.
- Each company must electronically record the start and end time of each person's workday.
- Not keeping that record is fined 250 to 5,000 UMA.
- Salary and benefits cannot go down because of the reduction in hours.
What remains pending are the STPS general rules, which will define who the record applies to and what exceptions there will be. They take effect on January 1, 2027.
| Year | Maximum working hours | Double-time overtime | Triple-time overtime |
|---|---|---|---|
| 2026 | 48 h | 9 h | 4 h |
| 2027 | 46 h | 9 h | 4 h |
| 2028 | 44 h | 10 h | 4 h |
| 2029 | 42 h | 11 h | 4 h |
| 2030 | 40 h | 12 h | 4 h |
Decree published in the Official Gazette of the Federation on May 1, 2026, second and fourth transitory provisions, and article 68 of the LFT. Each change applies from January 1.
Common mistakes
- Resolving each case verbally, without putting it in writing.
- Adjusting the record to match the official schedule.
- Leaving days without a record and without an explanation.
- Treating alike situations the law distinguishes.
- Learning about the problem only when a claim arrives.
What to do now
- Identify whether this case occurs in your company and how often.
- Define the rule and write it into your policy or internal regulations.
- Explain it to the team and the managers.
- Verify that the record reflects the real time.
- Review the month's cases and adjust the rule if needed.
Related terms
What is NOM-035. NOM-035 is the STPS standard that requires identifying and preventing psychosocial risk factors at work, such as excessive workloads and long workdays.
What is the contribution base salary (SBC). The contribution base salary is the salary used to calculate IMSS contributions and INFONAVIT contributions.
Overtime: what it is. Overtime is the hours worked above the ordinary workday.
Frequently asked questions
Does the record replace the disability certificate?
No. The certificate is the proof; the record only notes the reason.
Does salary go down if fewer hours are worked?
No. The reform prohibits lowering wages and benefits because of the reduction in working hours.
Is the reform already in force?
Yes. The reform to the Federal Labor Law took effect on May 1, 2026. The reduction in working hours starts on January 1, 2027.
Who monitors compliance?
The Ministry of Labor and Social Welfare, through inspections.
Where do I find the official text?
In the Official Gazette of the Federation of May 1, 2026 and in the current version of the Federal Labor Law published by the Chamber of Deputies.
Legal basis and sources
- Electronic working-time record: article 132, section XXXIV, of the LFT and fifth transitory provision of the decree.
- Benefits: articles 76 to 80, 87 and 117 to 131 of the LFT.
- Workday as time at the company's disposal: article 58 of the LFT.
- Decree amending the Federal Labor Law on the reduction of the working week. Official Gazette of the Federation, May 1, 2026.
- Federal Labor Law, current text. Chamber of Deputies.
How we write this content. The Sicheca team writes it from the official text of the law. When something is not yet defined by the authority, we say so. It is general information and does not replace the advice of a lawyer or an accountant.