why menstrual leave is controversial

The Carrefour group announced on Wednesday that it would soon allow its employees suffering from endometriosis to take sick leave in the event of painful periods. A welcome decision, but which also gives rise to fears, including among feminists.

A first for a French multinational. If the system already exists in some small and medium-sized enterprises (SMEs), menstrual leave will also be implemented in the summer of 2023 within the Carrefour retail chain. Its CEO, Alexandre Bompard, announced on Wednesday, April 19, the establishment of a leave dedicated to employees suffering from endometriosis, granting them the right to twelve days of absence per year, provided that they have a document “evidence of a disability”.

“Awareness is taking place”, greeted on franceinfo Yasmine Candau, president of the association for the fight against endometriosis EndoFrance. Carrefour’s decision thus makes it possible to “to raise awareness in the company of endometriosis, its consequences and its impact on daily professional life”she adds.

Alexandre Bompard also specifies In The Parisian that the measure will be accompanied by a great mobilization campaign, because managers do not always know what women can endure”. A training and awareness booklet will be distributed. This gynecological disease affects “nearly 10% of women of childbearing age”or between 1.5 and 2.5 million people, underlines the Ministry of Health.

“Women manage their suffering alone for the moment”

“THE things are progressing”Sandrine Rousseau rejoiced on franceinfo on Wednesday. The Green MP recalls that endometriosis “causes sometimes unbearable pain for some women, which even goes as far as paralysis”.

If the obligation to provide a medical certificate or a document proving the situation may seem restrictive, it may also force them to consult their doctor. This is precisely what Senator PS Hélène Conway-Mouret wants, who tabled a bill on Tuesday “aimed at improving and guaranteeing the health and well-being of women at work”can we read on the Senate website.

With this text, the senator intends to institute a work stoppage of up to two days a month, for three months, for people suffering from endometriosis or dysmenorrhea. This short duration should allow the setting up of a medical follow-up for the persons concerned. “Ienough[ra] to call his attending physician to renew it”says the senator. “Women are fending for themselves for now, managing their suffering on their own”, she laments on the BFMTV site. In March, Inserm regretted that “this gynecological disease is still poorly identified”with some “significant diagnostic delays”.

The medical secret in question

However, this measure does not convince everyone, including feminists. “The intention is good”but “it’s a bad idea”explained on franceinfo Fabienne El Khoury, spokesperson for the association Osez le féminisme, on February 17, when Spain had just approved introduction of menstrual leave. Although it is positive that “these pains be recognized”, “the fallout could be counterproductive”.

“In fact, what this law says is that it is normal for some women to have intense pain, and that the solution is to stay at home and do nothing”, tance Fabienne El Khoury. Among the fears put forward, there is also the decline in investment in medical research. “It is up to society to take better care of women, to invest in research to put an end to this pain”she points out.

The measure could also “increase the risk of discrimination in hiring”but also on the living conditions in the company, points out the spokesperson for Dare to feminism. “We think it can possibly increase certain types of harassment”, she specifies.

Delphine Tharaud, teacher-researcher at the University of Limoges, specialist in issues of equality and discrimination, shares this observation. When hiring a woman, the employer asks themselves the question of maternity, maternity leave, sick child leave, the flexibility of their employee’s schedules… There is a risk of finding these problems in the menstrual leave which will to come back regularly”she explains to France 3 Paris Ile-de-France.

Finally, there is the question of medical secrecy, which is not respected here, since “the employee will be obliged to reveal the purpose of the leave, which is not the case in a classic judgment. This specific procedure will say a lot about the person’s state of health”regrets the specialist.

The government kicks in touch for the moment

On the employers’ side, the introduction of this additional leave is seen as a constraint which could lead to “disorganization” within small businesses, the Confederation of SMEs (CPME) expressed concern to AFP on April 10. For the Medef, opposed to menstrual leave, such a measure “would convey the image that women cannot occupy the same positions as men”.

On the side of elected environmentalists, the question of the establishment of menstrual leave must be a matter for the State, and not for individual initiatives. “It would be very good for the state to move forward” in this sense, pointed out Wednesday Sandrine Rousseau, who says to reflect on “to propose legislation on 14-day menstrual leave”with his colleagues Sébastien Peytavie and Marie-Charlotte Garin.

Government spokesman Olivier Véran said Wednesday that he is watching closely “the way things are going in companies and communities that are already putting in place” special provisions. Nevertheless, the former Minister of Health is not “not sure that the answer should be legislative”, preferring the idea of“to encourage social dialogue where possible”. “We can decide” when the proposals have been submitted “and that we will have visibility on their content”reacted Isabelle Rome, the Minister Delegate for Equality between Women and Men, in a statement sent to AFP on April 10.


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