Vacaciones dignas (the 2023 vacation reform): vacation days by seniority

Updated October 7, 2026.

After one year of service, a person has 12 working days of vacation. It adds 2 days per year up to 20 in the fifth year. From the sixth year, it adds 2 days for every 5 years (art. 76). The prima vacacional (vacation premium) is at least 25 % (art. 80). The company grants the vacation within the 6 months after the work anniversary (art. 81). Vacation cannot be paid out instead of taken (art. 79). This table has applied since January 1, 2023.

What the law says

Article 76 of the LFT (Federal Labor Law) says:

"Las personas trabajadoras que tengan más de un año de servicios disfrutarán de un periodo anual de vacaciones pagadas, que en ningún caso podrá ser inferior a doce días laborables, y que aumentará en dos días laborables, hasta llegar a veinte, por cada año subsecuente de servicios. A partir del sexto año, el periodo de vacaciones aumentará en dos días por cada cinco de servicios."

Translation: "Employees with more than one year of service will enjoy a yearly period of paid vacation, which in no case may be less than twelve working days, and which will increase by two working days, up to twenty, for each later year of service. From the sixth year, the vacation period will increase by two days for every five years of service."

The first year gives 12 working days. Each later year adds 2 days until it reaches 20.

Vacation days by seniority

The rows for years 1 to 5 come directly from the text. The rows from the sixth year follow the most common reading of "dos días por cada cinco de servicios" ("two days for every five years of service"). The law does not publish a table. If your case depends on that reading, confirm it with a labor lawyer.

Three details of the text:

• They are working days. Weekly days off and mandatory holidays do not count as vacation.
• The right starts after one year of service. The article speaks of people "que tengan más de un año de servicios" ("with more than one year of service"). A company can give days in advance before the anniversary if it wants to. It is not required.
• It is a minimum. A contract or a policy can give more days. Never fewer (art. 5o).

Who is entitled

Every person with more than one year of service. A person who works on a discontinuous or seasonal basis gets vacation in proportion to the days worked in the year (art. 77).

The 2022 decree also applies to contracts that already existed. Its transitional article Two says that the reform applies to current contracts "siempre que resulten más favorables a los derechos de las personas trabajadoras" ("as long as they are more favorable to the rights of employees"). For this reason, the real seniority of each person counts, even if they started before 2023.

How vacation is taken

Article 78 says that the person enjoys "de doce días de vacaciones continuos, por lo menos" ("at least twelve continuous vacation days"). It also says that this period, "a potestad de la persona trabajadora" ("at the employee's option"), can be distributed "en la forma y tiempo que así lo requiera" ("in the way and at the time they need").

In practice:

• The person can take their days together or in parts.
• The decision on how to split them belongs to the employee.
• Write down in your internal work rules how this fits with your company's shifts and planning.

The deadline to grant it

Article 81 sets two obligations:

1. Vacation "deberán concederse a los trabajadores dentro de los seis meses siguientes al cumplimiento del año de servicios" ("must be granted to employees within the six months after they complete the year of service").
2. The employer gives "anualmente" ("every year") a certificate with the seniority, the vacation period that applies and the date by which it must be taken.

Example: Laura Cervantes started on March 15, 2021. On March 15, 2026 she completes 5 years and is entitled to 20 days. Her company must grant them no later than September 15, 2026.

What if they are not taken in time? The law does not say that the days are lost. Labor claims expire one year after the obligation can be enforced (art. 516). How that period is counted for vacation is a question for your lawyer.

Vacation cannot be paid out instead of taken

Article 79 says: "Las vacaciones no podrán compensarse con una remuneración." ("Vacation cannot be replaced with payment.") The only exception is when the employment ends before the year is complete. In that case, the share in proportion to the time worked is paid.

Prima vacacional (vacation premium)

Article 80 gives a premium "no menor de veinticinco por ciento sobre los salarios que les correspondan durante el período de vacaciones" ("of no less than twenty-five percent of the wages they are owed for the vacation period").

Example with a daily wage of $450.00 and 20 vacation days:

Your company can pay a higher premium. Never a lower one.

What a company risks

• Fine. Article 994 section I sets a fine of 50 to 250 UMA (the official unit used for fines) for anyone who does not comply with articles 61, 69, 76 and 77.
• Burden of proof. In a lawsuit, the company must prove the "disfrute y pago de las vacaciones" ("vacation taken and paid") and the payment of the vacation premium (art. 784 sections X and XI).
• Record keeping. Proof of payment of vacation and premiums is kept for the last year and for one year after the employment ends (art. 804 section IV).

Quick checklist for admins

• Record the real start date of each person.
• Calculate the days on each anniversary with the table above.
• Grant the vacation within the next 6 months.
• Give the yearly certificate of art. 81.
• Keep each request, each approval and each premium payment.

How Presente helps you

Presente grants the days on each anniversary as art. 76 requires. Each person sees their balance and the art. 81 deadline in their app. The vacation premium shows as a percentage, never less than 25 %. Each request and each decision stays in an event log that nobody can change.

See vacation in Presente

This guide explains the law for information only. It is not legal advice. For a specific case, talk to a labor lawyer.

Related links: Mandatory holidays · How to prove attendance in a labor lawsuit