HOME People & Events

Spain passed Europe’s first paid menstrual leave law

2023.03.11 04:58:46 Hakyung Song
2949

[Woman with menstruation pain. Credit to Pixabay]

On February 16th, 2023, Spain's parliament passed a bill allowing workers paid sick leave for menstruation with 185 members in agreement and 154 members in disagreement. 

This bill grants the right to sick leave for three to five days for painful periods.

However, as with other sick leaves, it requires a formal diagnosis from a certified doctor. 

Spain’s Equality Minister, Irene Montero said that women cannot be full citizens without being granted such rights. 

Many female employees anticipate this expanded sick-leave policy coming into effect and no longer having to endure menstrual pain in the workplace.

On the other hand, opponents of the policy worry that menstrual leave will perpetuate  gender stereotypes and worsen discrimination. 

They are also concerned that companies may prefer hiring male employees over female as they are now compelled to offer extra leaves for their female employees. 

In Spain, menstruation leave is classified as paid vacation, while in South Korea, it is classified as unpaid leave.

By classifying painful menstruation as endometriosis, it is covered by the social security fund.  

This classification is an attempt to temper negative responses to the policy, as compensation for pathology is neither discrimination nor reverse discrimination. 

 A fundamental element of a civilized society is upholding the belief that people should not suffer due to a state of existence that they had no choice over. 

A civilized society also compensates for such a state when it occurs. The passage of this bill shows how Spain is improving its state of civilization. 

The concept of menstrual leave is not new in Southeast Asian countries, including Indonesia, Japan, Taiwan, and South Korea.

South Korea has provided menstruation leave since 1953. 

In South Korea, the leave used to be paid until 2004, but now women are entitled to one day of unpaid menstrual leave per month. 

Due to the fact that it is hard for employers to ask directly about the menstrual cycle, most workplaces give their applicants complete leave of absence about one day each month. 

Critics state that menstruation leave should be considered preferential treatment and argue that it is often abused by employees who want to have a long weekend, travel, or spend time with friends.

However, statistics show that not many employees use menstruation leave. 

According to the statistical office, only 19.7 percent used it in 2018. 

This is because the menstruation cycle is often hard to accurately predict, and it is hard to be away from work suddenly. 

Moreover, many women in the workforce are afraid of being penalized by their co-workers since companies often do not fill temporary vacancies, and the corporate culture does not support taking menstrual leave.  

The main problematic element is that society projects negative images of menstrual leave. 

If there is no change within the social atmosphere, an employee cannot take menstrual leave with dignity, nor have a basic right to leave.

To improve the proper use of menstrual leave, the government and employers should work to change the negative perception attached to it. 

In addition, there should be a policy put in place to prevent its abuse. 

Most importantly, workers should use the menstruation leave policy as it was intended.



Hakyung Song / G11
Branksome Hall Asia