Mexico Issues COVID-19 Guidelines for Vulnerable Groups in Mexico

On May 29, 2020 the Mexican government issued Specific Technical Guidelines for the Reopening of Economic Activities applicable throughout Mexico (the “Guidelines”), which were published in the Official Journal of the Federation. The Guidelines contain requirements for how to treat vulnerable employees who are considered to be high-risk with respect to COVID-19.The Guidelines provide that individuals who have received transplants, as well as people with neurological disorders such as epilepsy, strokes, muscular dystrophy and spinal cord injuries, and those with diabetes and uncontrolled hypertension, are included in the vulnerable group. The Guidelines state that employers should “consider allowing leave or being flexible about attendance” with respect to employees who care for minors, the elderly or high-risk individuals.Note, however, that each Decree issued by the Mexican Ministry of Health that has included a definition of “vulnerable employees” has defined such term differently. The Guidelines state that vulnerable persons are those with a higher probability of developing complications or dying due to COVID-19 based on their underlying health conditions. The Guidelines then list several vulnerable groups as examples, which means the specific medical conditions spelled out in the Guidelines should not be considered as an exhaustive list of all vulnerable groups.Therefore, it is recommended that before making decisions regarding whether to bring vulnerable groups back to work or send them home, such matters should be reviewed carefully, preferably with the advice of a medical doctor, in order to make a proper decision and avoid putting employees in vulnerable groups at risk, and also avoid the imposition of sanctions.Contact Information:Joseph B. Newton | jnewton@ccn-law.comMario Melgar | mmelgar@ccn-law.comJavier Zapata | jzapata@ccn-law.com.mx