Mexgal1 Posted February 25, 2014 Report Share Posted February 25, 2014 We have a maid who has been with us for 6 years. She works 10 hours a week. When she had a brain tumor and was out for 6 months we learned about it from her husband. We continued to go to her house and pay her even though she couldn't clean our house. Felt like it was the right thing to do. Now she is due to have a baby in April and she told me that she will not be working April, May, and June. Aside from our generosity, I was just wondering what our legal obligations to her are. Anyone know the laws regarding temporary help and maternity leave. Link to comment Share on other sites More sharing options...
More Liana Posted February 25, 2014 Report Share Posted February 25, 2014 Ahem, the title of your post left a lot to the imagination. Glad I read the body of the post!Legal maternity leave is 6 weeks prior to the birth and six weeks after the birth. If she wants to work right up to the due date, you could give her the 12 weeks after the baby comes--sounds like that's what she would like.You're a good guy, Lancelot. Link to comment Share on other sites More sharing options...
Guest bennie2 Posted February 25, 2014 Report Share Posted February 25, 2014 it may be the nice thing to do. but legally, the 12 weeks you speak of is for full time help. 10 hrs a week is an independent contractor. compensation for p/t is @ the decrection of the employee. Link to comment Share on other sites More sharing options...
Mad_Max Posted February 25, 2014 Report Share Posted February 25, 2014 it may be the nice thing to do. but legally, the 12 weeks you speak of is for full time help. 10 hrs a week is an independent contractor. compensation for p/t is @ the decrection of the employee. Gee Bennie2 (That sounds a lot like Bennie (1) What you wrote, doesn't ring true ..........so it sure would help if you provided some official sources - to help you out, I put in a link for the maternity leave below - I didn't see anything about part time - likewise for Rolly's site. And I don't think you will ever ever find a source that says a part timer is an independent contractor. But if you have a source (mexican legal document) please provide it!! http://www.diputados.gob.mx/cedia/sia/spi/SPI-ISS-12-08.pdf (the write up on maternity leave) Link to comment Share on other sites More sharing options...
ambconsultants Posted February 25, 2014 Report Share Posted February 25, 2014 I just had a similar situation with a client. As she is a domestic worker the rules are not totally clear, but what my labor lawyer said was that you are obligated to pay for any work injury. What I did with my client was pay the worker the normal liquidation amount. You could do this if you do not want her services anymore. In my clients case it was an accident. There might be special rules for maternity leave and domestic employees ( there are for normal workers). You could talk to Spencer or if you want a labor attorney pm me and I will get you his number. Link to comment Share on other sites More sharing options...
Guest bennie2 Posted February 25, 2014 Report Share Posted February 25, 2014 independent contractor is a grey area. they usually work by the job, are not directed. in this case she is a steady worker but only 10 hrs per wk. it falls under this catogory. she is not entitled to the same benefits as 40 hr week. there is a big difference between p/t & f/t. in 2013 the laws changed again, & are more in the favor of the employer. the bottom line is this: regardless of the "law" any worker can go to labor court for any reason. when hiring p/t, one must have a written agreemant that the worker is p/t contractor & is not entited to x,y,z. when hiring a new steady p/timer, have them sign receipts of payment. this proves they are not full time, documents the yrs, months, & hrs employed. if you want to help w/maternity expenses, thats fine, but p/t is not legally entited. an accident is a different matter. also we dont know if the maid has requested maternity pay. i stand by this, ask spencer to confirm. Link to comment Share on other sites More sharing options...
lakeside7 Posted February 25, 2014 Report Share Posted February 25, 2014 Again grey and murky regulations..why indeed hire by the hour without a contract..what some times seems to good, ie inexpensive help can turn into some stressful dealings for Gringos Link to comment Share on other sites More sharing options...
Guest bennie2 Posted February 25, 2014 Report Share Posted February 25, 2014 the site which has good legal info & question&answer forum: yucalandia.com. an attorney runs that section. the last thing i want is fulltime help, or legal ties. besides this site, spencer is a good source. Link to comment Share on other sites More sharing options...
ajijicer Posted February 25, 2014 Report Share Posted February 25, 2014 Since the word legal keeps cropping up, if the person does not declare the income and pay taxes on it, what rights would they have? If they receive maternity leave, would they pay taxes on that money? Link to comment Share on other sites More sharing options...
Guest bennie2 Posted February 25, 2014 Report Share Posted February 25, 2014 no, maids p/t maids dont pay taxes on the $. its "under the table". in spite of this, they do go to labor court & usually win. but if you have spencer make an agreement before the p/t help begins, you are in the clear. Link to comment Share on other sites More sharing options...
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