Must Employers Pay INFONAVIT Loans During Employee’s Absence or Disability? Unpacking the Latest Legal Challenges - Ogletree
- In an attempt to provide clarity to amendments to the National Housing Fund Institute for Workers issued in February 2025, INFONAVIT has issued criteria and extensions to employers’ obligations, but these criteria were neither mandatory nor obligatory to anyone.
- On November 4, 2025, Mexico’s Supreme Court of Justice of the Nation issued criteria interpreting the obligations imposed on employers under the latest amendment.
INFONAVIT and Mexican Supreme Court Criteria
Initially, INFONAVIT issued criteria on the interpretation and application of the law’s amendment, in addition to granting an extension for compliance. However, these criteria were neither binding nor mandatory for employers, as they were not published in the Official Gazette of the Federation (Diario Oficial de la Federación) by the authority. (In Mexico, any criteria, notice, or communication from a government institution must be published in the Official Gazette of the Federation to provide certainty to citizens and for it to be considered enforceable.)
Given the lack of clarity surrounding the amendment and INFONAVIT’s criteria, on November 5, 2025, the SCJN discussed and issued a ruling regarding salary deductions for INFONAVIT housing loans, whenever an employee is absent or incapacitated. This ruling provides the official criteria that employers must follow.
According to the SCJN’s rulings, the following points are emphasized:
- The legal certainty, proportionality, and economic security for employees...
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