What is sick leave due to depression and what does it mean?

Currently, the importance of caring for the physical, emotional and mental health of a company’s collaborators has been demonstrated to achieve an ideal development of its activities. In this article we will explain the most relevant aspects of sick leave due to depression.

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 What is depression leave?

It is a sick leave that workers sometimes suffer and temporarily incapacitates them psychologically, thus causing them to be unable to carry out their work activities and unable to assume responsibilities in the best way.

There are different factors that influence people to fall into a state of depression and not achieve adequate work performance. These are the most common problems that accredit the medical diagnosis for a leave due to depression in Mexico:

• Stress
• Family, personal or work problems
• Anxiety

Types of work depression

There are two types of disorders related to work depression:

Common contingencies

They are caused by situations outside of work, for example, the death of a loved one or a financial crisis. This process is accredited by the family doctor and is processed as a common sick leave.

Professional contingencies

It is related to work situations, for example, workplace harassment, problems with colleagues or stress. The mutual insurance company is responsible for managing work incapacity and medical leave.

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Under what terms is leave due to depression provided?

It is possible to request leave due to depression due to any of the aforementioned problems, but it is important to cover two essential requirements:

• Social security: the worker must have medical insurance; If it is an autonomous service, it is necessary to make all social contribution payments.
• Cover the minimum number of days contributed: for common contingencies, it is essential to cover a total of 180 days in the last 5 years. In the professional ones there is no prior contribution requirement.

What is the duration of sick leave due to depression?

This sick leave can last up to 12 months, but if the family doctor or mutual insurance doctor determines that an extension of this period is necessary, it can be extended for a further 6 months.

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LEX & CO is a law firm with more than 30 years of experience claiming compensation for medical negligence. Contact us now to receive specialized advice on your rights as a worker and receive the necessary assistance for your case. We will be happy to assist you.

Lic. Carlos Figueroa Rodríguez

Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving medical malpractice and insurance claims. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.