Still under debate in many countries, menstrual leave has already been incorporated into the labour laws of six countries worldwide. But what does that mean in practice, and under what conditions can women take time off work for painful periods?
As normal as it is natural, menstruation has long been considered a taboo subject. It was only in June last year that the World Health Organization (WHO) called for “menstrual health to be recognised, framed and addressed as a health and human rights issue, not a hygiene issue”.
It’s a major step forward for women, who are now seeing this issue addressed in a new light, particularly in the context of work, because of the impact painful periods can have on physical and mental health.
A 2021 study revealed that nearly one in two French women suffers from painful periods, and more than eight in 10 claim to experience psychological discomfort such as fatigue, irritability, or a feeling of unease about their body.
Such factors can be socially and professionally exclusionary, as shown by a more recent study conducted in the United Kingdom, reporting that a significant proportion of British women have already felt the need to take time off work to cope with painful periods.
Although not yet part of labour law in either France or the UK, menstrual leave has already been implemented in several countries.
Asia leads the way
“Seiri kyuka”, or menstrual leave in Japanese, was introduced into the country’s labour law in 1947, some 76 years ago. Evidently, Japan is a pioneer in this field, especially since this measure had been requested by unions since the 1920s.
However, nothing obliges Japanese companies to pay for this leave. Firms must only respect the requests of women for whom work is particularly difficult during periods of menstruation.
In fact, only 30% of companies offer total or partial compensation for this leave, according to a study conducted in 2020 by the Japanese labour ministry among 6,000 companies, reported by AFP.
Moreover, only 0.9% of women who were able to benefit from this leave said they took it.
A more recent survey, conducted in 2021 by the Nikkei BP Intelligence Group among 1,956 working women aged 18-49, revealed that less than 10% of respondents took menstrual leave, and that more than half of them reported a “lack of understanding of menstruation in the workplace”.
Indonesia was the second country to introduce menstrual leave into its labour law, in 1948, though it was amended 20 years ago.
According to the International Labour Organization (ILO), working women are entitled to two days of paid leave for the first and second day of their menstrual cycle. But in practice, Indonesian women have to negotiate these days of absence, so it ultimately depends on each individual company.
Many employers give only one day per month, says the ILO, while others do not give any menstrual leave at all.
In South Korea, Article 71 of the Korea Labour Standards Law states that female employees may take one day of menstrual leave per month.
“It came into effect in 2001, but many female employees are still unaware of what it even means,” reported the “Korea Times” in 2012. Note too, that this leave is not paid.
In Taiwan, the Act of Gender Equality in Employment, dating from 2014, grants women three days of menstrual leave per year, which are not deducted from “traditional” sick-leave days.
Beyond three days, however, these are counted as days off for sick leave. Moreover, the workers receive only 50% of their salary.
Europe and Africa
Zambia stands out as a pioneer in Africa when it comes to menstrual leave. Since 2015, the country has allowed women to take an extra day off per month in case of painful periods, without the need to provide notice or a doctor’s note. To date, Zambia remains the only African country to offer such a scheme.
And it’s a similar story in Europe, where Spain passed a bill in February to introduce menstrual leave to allow women to cope with painful periods. To date, the duration of the leave has not been confirmed, but it will be covered by the country’s social security system.
This is a first in Europe, which could pave the way for the implementation of other such schemes elsewhere on the continent. In France, for example, the subject is currently under debate.
It is important to note that while these six countries are currently the only ones to have introduced legislation enshrining menstrual leave in labour law, various companies around the world have chosen to grant this specific type of leave to their female employees.
Of note, in Malaysia, the Sabah-based firm Brutti & Besi has introduced paid menstrual leave for its employees, with women entitled to take a day off for period pain every month with no questions asked.