Maternity Leave

My wife and I are renting a house. Our maid was hired by our rental company. She gets paid out of an account we have with them. She works for us 3 hours a week and will be leaving soon to have a baby. Is she entitled to a paid leave of absence and if so, are we, or the rental company responsible for this payment? Thanks.

Employer is responsible, whoever pays here is the de facto employer.

Federal labor law says:

Article 170 - II: 6 weeks off before and after delivery with full salary paid (fraccion V).

Postpartum resting time can be expanded up to 60 days but payment for extended times is to be paid 50% of salary (fracc. III, V).

Thanks - one other thing - looks like we have to pay her. . . do we have to give her her job back?

She has not left your employ. She is still your employee while on leave.
You can fire her when she returns, but that it a separate issue which will cost you some more money.

I apologize if I'm muddling the waters here.

silas states in the original post: "Our maid was hired by our rental company. She gets paid out of an account we have with them."

Doesn't that mean that her employer is the rental agency and the responsibility rests with them????

That would make sense.
Looks like a clear advantage to the homeowner...
and incentive to a management company for providing those services...

While there are property management providers, surely there must be maid & gardener service providers

I asked, simply because I rented a property in Riberas del Pilar for four years and was completely dissatisfied with the gardeners who were provided through the rental agency. If I had thought they were "my employees" I would have fired them and hired someone of my own choice. My opinion is: They weren't in my employ, but that of the agency. Wrong?

Depends how she is paid, whose name is on receipts . Didn't sound too clear and after all, rental company won't take a loss for you, any charges will be charged to you I'm sure.

Thanks all for your responses. To claify, she gets paid by the rental agency; however, the payment is deducted from our operating account with them. In going back over our original lease (which has been extended 3 times and 4 maids later - all hired by the rental agency) it does say "Tenant shall pay the following: electricity, maid, etc. known as 'Operating Expenses'" and that "Tenant shall maintain an account with the manager (rental company) to pay these 'Operating Expenses'". Guess it's on us, afterall.

Intercasa wrote:Depends how she is paid, whose name is on receipts . Didn't sound too clear and after all, rental company won't take a loss for you, any charges will be charged to you I'm sure.

"Receipts"???? Do they exist in Mexico???

In my case, the gardener was paid by the rental agency and included in the monthly rent. The maid was always my own responsibility.

silas wrote:Thanks all for your responses. To claify, she gets paid by the rental agency; however, the payment is deducted from our operating account with them. In going back over our original lease (which has been extended 3 times and 4 maids later - all hired by the rental agency) it does say "Tenant shall pay the following: electricity, maid, etc. known as 'Operating Expenses'" and that "Tenant shall maintain an account with the manager (rental company) to pay these 'Operating Expenses'". Guess it's on us, afterall.

Another case for Spencer. I'm not qualified, but I would certainly look into finding my own maid, under those circumstances.

I will volunteer this information, however: The rental agency had screwed up our "Operating Expenses" account so badly that I depleted that account and told them I would take over all such payments myself (electrical, telephone, etc.) in order to maintain clarity and control. Only once was this a "problem" of sorts. They paid CFE, and I paid as well -- leaving a credit to be used up on future bills. No biggie.