Spain may soon become the first European nation to roll out measures that allow for menstrual leave for those who suffer from monthly pain after the country’s cabinet approved a draft Bill that permits paid time off work for menstrual leave.
The Bill says women could be entitled to three days of paid leave per month for painful periods with a doctor’s note, potentially extending up to five days for those in particularly intense or incapacitating pain. Spain has said that the state social security system will pay for such leave and not employers.
Spanish daily newspaper, El País, reports:
“It is a wider approach of treating menstruation as a health condition, which includes the abolishing of VAT on some hygiene products i.e. the so-called “tampon tax” and free hygiene products being made available at public centres such as schools and prisons.”
Whilst Spain may be the first European nation to introduce such measures, other non-European countries have already rolled out paid menstrual leave (Japan, South Korea, Zambia and Indonesia). Closer to home, there have been calls from various groups for the UK to implement similar measures.
Calls for the UK to implement menstrual leave for employees
Following news of Spain’s draft Bill, there have been calls from various UK charities calling on the Government to follow suit and implement paid leave for those who suffer menstrual pain.
Emma Cox from Endometriosis UK said:
“We need to challenge the squeamishness and silence around menstrual health.”
In addition to this, a spokesperson for period equality charity, Bloody Good Period, said:
“We need to understand the experiences and challenges that people who menstruate face in the workplace, and then take steps to support them.”
Menstrual-related symptoms vary from person to person. While some women cruise through their monthly cycle with little or no symptoms, others particularly those who have conditions like endometriosis or premenstrual dysphoric disorder (PMDD) experience many side effects, including, cramps backaches, migraines, etc.
A UK survey carried out by Bloody Good Period revealed that 59% of participants have a negative experience with their periods and 73% have struggled to do their work in the way they want to because of it.
The charity wrote on Instagram:
“Almost six in 10 participants have a negative experience with their periods, with the top words to describe them being inconvenient, uncomfortable, painful, emotional and unpredictable.”
“73 per cent have struggled to do their work in the way they want to because of their period, with the top reasons cited as; low energy (83 per cent), being in pain (79 per cent), less concentration (61 per cent), feeling anxious about leaking (57 per cent) and having to stop work to take or buy pain medication (50 per cent).”
Other surveys have been carried out. For example, in Australia, a survey of 700 people found that 70% of the participants didn’t feel comfortable discussing with their manager how they could accommodate their symptoms and 83% said their work was negatively affected as a result.
What should I be doing as an employer?
Currently, in the UK there is no legal requirement to support workers who menstruate, this includes cisgender women, non-binary people, and Tran’s men. However, we are aware of some UK companies who have taken the initiative to implement their own corporate policy to accommodate paid leave for people who menstruate.
In the absence of any current UK law concerning menstrual leave, it is up to employers as to whether or not they implement menstrual leave. However, if employers choose not to then it would still be important to support menstruating employees from a well-being perspective, this could include providing period products in toilets and also opening up the conversation about menstruation to remove any stigma around this.
Going the extra mile to help employees manage their well-being at work, gives them more of an incentive to remain employed with the employer. Also, employees who feel valued and understood will likely be happier and will then be more productive at work.
How can we help?
Beth Bearder is a Senior Associate in our expert Employment Law team.
For further information or advice concerning the subjects discussed in this article, please contact Beth or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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