This week in the “True of False Junior”, students wonder about menstrual leave in Spain, France and elsewhere in the world.
Is it true that Spain will create menstrual leave? Is it true that leave for painful periods is debated, because it could lower the employment rate of women? Is it true that menstrual leave is applied in five countries in the world, outside Europe? The students of the André-Derain college, in Chambourcy (Yvelines) question us and we answer them.
Yes, menstrual leave is enshrined in Spanish law
Gaëtan wonders if it is true that “Spain has created menstrual leave”. It is true, it is adopted in Spanish law, since February 16. Spain becomes the first country in Europe to create menstrual leave for women with painful periods.
This measure is part of a much broader law, which provides in particular for increasing access to abortion in public hospitals, strengthening sex education in schools, as well as the free distribution of contraceptives or menstrual hygiene in high schools.
Thanks to this law, the work stoppage of a woman in the event of incapacitating periods, linked for example to pathologies such as endometriosis, will be recognized as a special situation of temporary incapacity for work. No details are given in the law on the duration of this sick leave, which must be granted by a doctor. On the other hand, we know that this leave will be financed by Social Security.
Yes, this measure is criticized by some associations
Gaëtan saw that “the introduction of menstrual leave in Spain would lower the employment rate of women in the country” and he wonders if it is true and possible? It is true that some politicians, unions and associations have criticized this measure in Spain before the law was passed. They feared a possible stigmatization of women and difficulties for them access to certain positions because of this menstrual leave. The Spanish Minister for Equality, Irene Montero, replied last May, when the text was still being debated, that with this law, the rules should “stop being associated with shame, stigma, embarrassment, so that we can talk about it naturally and understand that menstrual health is part of our right to health”. Irene Montero wears this measure for “break this taboo at work“.
In France, where menstrual leave is not enshrined in law, feminist associations criticized this measure when it entered Spanish law. Fabienne El Khoury, spokesperson for the Osez le féminisme association, believes on franceinfo that it is “A false good idea”. According to her, the positive side of this law is that it “make visible the fact that there are many women who cannot work because they suffer from intense pain and that is a good thing.” Except that for the spokesperson for Dare to feminism, “the solution is to seek better pain management and faster diagnosis, for example today some women sometimes wait seven years or more to be diagnosed with endometriosis”. Finally she fears that “it penalizes women and increases the risk of discrimination in hiring”.
Yes, five other countries around the world have already adopted menstrual leave
Maud asks us if it is true that “only five countries in the world recognize the right to menstrual leave”? Elsewhere than in Europe, there is indeed one African country and four Asian countries which grant this right in the world. On the other hand, although it is enshrined in law, it is not always correctly applied by these countries.
In Zambia, since 2015, a law allows women to take an extra day off per month in case of painful periods, but in reality, many employers are reluctant to apply it and some even refuse to submit to it.
In Japan, even if this right to menstrual leave has been enshrined in law since 1947, a recent study by their Ministry of Labor revealed that only 30% of companies offer full or partial reimbursement of these periodic leaves.
In Indonesia, too, many companies allow only one day or none by choosing to ignore the law. In South Korea, since a change in the law in 2004, this menstrual leave is no longer paid. On the other hand in Taiwan this leave is well reimbursed, but women are entitled to it only 3 times a year.