Discover the countries that guarantee menstrual leave by law – 02/26/2023 – Market

Spain has become the first Western country to offer sick leave for women suffering from severe menstrual cramps.

The law, which was approved by 185 votes in favor and 154 against, aims to break the taboo on the subject.

“It’s a historic day for feminist advancement,” tweeted Spain’s Equality Minister Irene Montero, who says the move is a move to address a health issue that has largely been swept under the rug.

The legislation allows employees who suffer from menstrual cramps to take as much time as necessary — but, as with paid sick leave for other health reasons, a medical certificate is required. The duration of the license is not specified in the law.

Few countries around the world legally guarantee some form of menstrual leave for women in the workforce — most are in Asia, including Japan, Taiwan, Indonesia and South Korea, as well as Zambia. The first legislation on menstrual leave dates back to the Soviet Union, where it was introduced in 1922.

Proponents of the measure say it is as important to women as maternity leave, as an acknowledgment of a basic biological process. But critics say it reinforces negative stereotypes and may even discourage some employers from hiring women.

BBC 100 Women spoke to women in some of the countries that have policies around menstrual leave in May last year, when Spain introduced the bill, to find out if it is working.

‘I was only criticized by some male colleagues’

“Before my period comes, I’m in a lot of pain. I’m exhausted and have a migraine. Then, when my period comes, I’m very crampy, nauseous and have a fever. This usually lasts two to three days,” says Irine Wardhanie.

“Imagine having to ask a man for permission to take menstrual leave.”

“At first I was worried about what others might think, but it was as simple as sending an email to my managers and they were very supportive,” she says.

“At my company it’s very easy, I just need to send an email to my supervisor on D-day and let them know who makes the roster. That’s it.”

“I was only criticized by some male colleagues who argued that it wasn’t fair.”

Unlike Irine, many women in Indonesia are not aware of the existence of a law that allows women to take two days of paid leave when menstruating.

“I have spoken to other women working in the media field in Indonesia who have not been informed about the policy and therefore force themselves to work suffering from colic.”

Employers have to provide up to 24 days of paid menstrual leave per year in Indonesia, but the policy is poorly enforced.

“The grant is, in practice, arbitrary. Many employers allow only one day a month, others no menstrual leave,” the International Labor Organization said.

Vivi Widyawati works for women’s rights in the country’s garment sector and says that for factory workers to take menstrual leave is even more difficult than for professionals working in retail or the service sector.

“Women working in the informal sector are often unaware of the right to menstrual leave. One of the barriers for these women is that they first need to obtain a medical certificate,” says Widyawati.

“They can face sexual harassment or feel very embarrassed when applying for leave. What’s more, many companies don’t want to pay wages during menstrual leave.”

What is dysmenorrhea?

• Most women who menstruate experience pain as part of their cycle, but some may experience severe dysmenorrhea, a form of pain that can be debilitating.
• It usually consists of severe abdominal cramps, which may spread to the back and thighs, as well as nausea, diarrhea and migraines.
• There are several causes of dysmenorrhea — for example, an imbalance in levels of the hormone prostaglandin, produced by cells in the lining of the uterus, can cause the uterus to contract. The higher the level, the more strongly the uterus contracts, causing pain.
• Research shows that dysmenorrhea is very common and can be severe enough to interfere with daily activities in up to 20% of women.
• A 2016 YouGov survey of 1,000 women for BBC Radio 5 showed that 52% had had dysmenorrhea which affected their ability to work, but only 27% had told their manager that menstrual cramps were to blame.

‘It’s still taboo’

In Japan, menstrual leave has existed for more than 70 years — it was granted as an industrial right to female miners and factory workers in the absence of adequate toilets in their workplaces. Still, activists say adoption is currently low.

“A very small percentage of women take menstrual leave in Japan,” says Ayumi Taniguchi, co-president of Minna No Seiri, a menstrual activism organization in Japan.

According to the latest government data, only 0.9% of the entire female workforce applied for menstrual leave from April 2019 to March 2020.

“There is a stigma around menstruation, women who menstruate find it difficult to open up about it, especially in a male-dominated work environment,” explains Ayumi Taniguchi.

“And most companies don’t offer paid menstrual leave, which means a lot of women just take paid leave instead of using their menstrual leave entitlement. It’s almost as if it’s not worth asking because of the taboo.”

South Korea adopted menstrual leave in 1953.

In 2001, the country ratified article 73 of its Labor Standards Law, which guarantees one day of unpaid leave per month, granted at the request of the employee.

In 2021, a former CEO of an airline who refused to allow female employees to take menstrual leave, protected under labor law, was forced by a South Korean court to pay a fine of $1,800.

Kim Min-ji works for an organization that promotes menstruation awareness in South Korea.

“At the company I worked for before, female employees just put up with (the pain) or used their annual leave. I had no choice but to put up with it too,” she says.

“South Korea is a highly competitive society that considers that you must be able to manage pain, so you are expected to endure (pain). The biggest barrier is the social atmosphere — it’s hard to talk about menstrual leave here.”