Menstrual leave

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Menstrual leave is a type of leave where a person may have the option to take paid or unpaid leave from their employment if they are menstruating and are unable to go to work because of this. [1] [2] Throughout its history, menstrual leave has been associated with controversy and discrimination against men, with very few countries enacting policies. In these countries, menstrual leave is still associated with low uptake. [1] It is seen by some as a criticism of women's work efficiency or as sexism [3] [4] [5] against men. Supporters of menstrual leave policies compare its function to that of maternity leave and view it as a promoter of gender equality. [6]

Contents

Background

Some women experience a condition called dysmenorrhea that causes pain during menstruation. [7] Up to 90% of women do not experience problems sufficient to disrupt daily functioning as a result of menstruation, although they may report having some issues prior to menstruation. Symptoms interfere with normal life, qualifying as premenstrual syndrome, in 20–30% of women. In 3–8%, symptoms are severe. [8] Premenstrual dysphoric disorder (PMDD) is a severe and disabling form of premenstrual syndrome affecting 1.8–5.8% of menstruating women. [9]

History

A menstrual leave policy was first applied in some job sectors in post-Revolutionary Russia at the turn of the 20th century. However, because of the resulting discrimination against female workers, the policy was removed in 1927. [1]

A girls' school in the south Indian state of Kerala had granted its students menstrual leave as early as 1912. [10]

In the 1920s, Japanese labor unions started to demand leave (seiri kyuka) for their female workers. In 1947, a law was brought into force by the Japanese Labor Standards that allowed menstruating women to take days off work. Debate continues as to whether it is a medical necessity or a discriminatory measure. [11] [12] [13]

Challenges

There is a stigma related to menstrual leave. According to Levitt and Barnack-Tavlaris (2020), it may perpetuate stereotypes and further the medicalization of menstruation. [2] Taking leave may require telling managers who are males about something the woman believes to be a personal issue. It may portray women as less able than men and could, therefore, lead to further discrimination against women. One suggestion to remove the stigma is to provide additional medical leave for people of all genders. [14]

By region

Asia

In Indonesia, under the Labor Act No. 13 in 2003, women have a right to two days of menstrual leave per month, though these are not additional leaves. [15]

In Japan, since 1947, Article 68 of the Labour Standards Law states "When a woman for whom work during menstrual periods would be specially difficult has requested leave, the employer shall not employ such woman on days of the menstrual period." [16] [17] While Japanese law requires that a woman going through especially difficult menstruation be allowed to take leave, it does not require companies to provide paid leave or extra pay for women who choose to work during menstruation.

In South Korea, female employees are entitled to menstrual leave according to Article 71 of the Labour Standards Law, [18] and are ensured additional pay if they do not take the menstrual leave that they are entitled to. [19]

In Taiwan, the Act of Gender Equality in Employment [20] gives women three days of "menstrual leave" per year, which will not be calculated toward the 30 days of "common sick leave", giving women up to 33 days of "health-related leaves" per year. The extra three days do not come with half-pays once a woman employee exceeds the regulated 30. [21]

Europe

In Europe, as of 2023, there was one country, Spain, with national menstrual leave. [1] [22] Since February 2023, Spain has provided three to five days per month of paid menstrual leave. [22]

A proposal by the Italian Parliament to introduce a menstrual leave policy in 2017 sparked debate in Europe on how menstrual health impacts women in the workforce. The bill would have introduced a policy for companies to offer three days paid leave to women who suffer severe menstrual cramps; the policy was not enacted. [1]

Africa

In Zambia, as of 2015, women are legally entitled to a day off each month due to their menstrual leave policy, known as "Mother's Day". [23] If a woman employee is denied this entitlement, she can rightfully prosecute her employer.

Corporate policies

Coexist, a Bristol community interest firm, introduced a "period policy" in order to give women more flexibility and a healthier work environment. Hoping to break down the menstruation taboo, Coexist became the first company in the United Kingdom to implement this policy. [24]

Nike has been widely reported as supporting menstrual leave wherever it operates, but this policy was misrepresented by the media; Nike follows the local labor laws where it operates. [1]

Related Research Articles

<span class="mw-page-title-main">Menstruation</span> Shedding of the uterine lining

Menstruation is the regular discharge of blood and mucosal tissue from the inner lining of the uterus through the vagina. The menstrual cycle is characterized by the rise and fall of hormones. Menstruation is triggered by falling progesterone levels and is a sign that pregnancy has not occurred.

<span class="mw-page-title-main">Menstrual cycle</span> Natural changes in the human female reproductive system

The menstrual cycle is a series of natural changes in hormone production and the structures of the uterus and ovaries of the female reproductive system that makes pregnancy possible. The ovarian cycle controls the production and release of eggs and the cyclic release of estrogen and progesterone. The uterine cycle governs the preparation and maintenance of the lining of the uterus (womb) to receive an embryo. These cycles are concurrent and coordinated, normally last between 21 and 35 days, with a median length of 28 days, and continue for about 30–45 years.

Premenstrual syndrome (PMS) is a disruptive set of emotional and physical symptoms that regularly occur in the one to two weeks before the start of each menstrual period. Symptoms resolve around the time menstrual bleeding begins. Different women experience different symptoms. Premenstrual syndrome commonly produces one or more physical, emotional, or behavioral symptoms, that resolve with menses. The range of symptoms is wide, and most commonly are breast tenderness, bloating, headache, mood swings, depression, anxiety, anger, and irritability. To be diagnosed as PMS, rather than a normal discomfort of the menstrual cycle, these symptoms must interfere with daily living, during two menstrual cycles of prospective recording. These symptoms are nonspecific and are seen in women without PMS. Often PMS-related symptoms are present for about six days. An individual's pattern of symptoms may change over time. PMS does not produce symptoms during pregnancy or following menopause.

<span class="mw-page-title-main">Dysmenorrhea</span> Pain during and sometimes before menstruation

Dysmenorrhea, also known as period pain, painful periods or menstrual cramps, is pain during menstruation. Its usual onset occurs around the time that menstruation begins. Symptoms typically last less than three days. The pain is usually in the pelvis or lower abdomen. Other symptoms may include back pain, diarrhea or nausea.

The labour law concept of leave, specifically paid leave or, in some countries' long-form, a leave of absence, is an authorised prolonged absence from work, for any reason authorised by the workplace. When people "take leave" in this way, they are usually taking days off from their work that have been pre-approved by their employer in their contracts of employment. Labour laws normally mandate that these paid-leave days be compensated at either 100% of normal pay, or at a very high percentage of normal days' pay, such as 75% or 80%. A furlough is a type of leave.

Premenstrual dysphoric disorder (PMDD) is a mood disorder characterized by emotional, cognitive, and physical symptoms. PMDD causes significant distress or impairment in menstruating people during the luteal phase of the menstrual cycle. The symptoms occur in the luteal phase, improve within a few days after the onset of menses, and are minimal or absent in the week after menses. PMDD has a profound impact on a person's quality of life and dramatically increases the risk of suicidal ideation and even suicide attempts. Many women of reproductive age experience discomfort or mild mood changes prior to menstruation. However, 5–8% experience severe premenstrual syndrome causing significant distress or functional impairment. Within this population of reproductive age, some will meet the criteria for PMDD.

<span class="mw-page-title-main">Parental leave</span> Time taken off to care for a new child

Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave" to describe separate family leave available to either parent to care for small children. In some countries and jurisdictions, "family leave" also includes leave provided to care for ill family members. Often, the minimum benefits and eligibility requirements are stipulated by law.

Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.

<span class="mw-page-title-main">Menstrual disorder</span> Medical condition affecting menstrual cycle

A menstrual disorder is characterized as any abnormal condition with regards to a woman's menstrual cycle. There are many different types of menstrual disorders that vary with signs and symptoms, including pain during menstruation, heavy bleeding, or absence of menstruation. Normal variations can occur in menstrual patterns but generally menstrual disorders can also include periods that come sooner than 21 days apart, more than 3 months apart, or last more than 10 days in duration. Variations of the menstrual cycle are mainly caused by the immaturity of the hypothalamic-pituitary-ovarian (HPO) axis, and early detection and management is required in order to minimize the possibility of complications regarding future reproductive ability.

<span class="mw-page-title-main">Culture and menstruation</span>

There are many cultural aspects surrounding how societies view menstruation. Different cultures view menstruation in different ways. The basis of many conduct norms and communication about menstruation in western industrial societies is the belief that menstruation should remain hidden. By contrast, in some hunter-gatherer societies, menstrual observances are viewed in a positive light, without any connotation of uncleanness.

Japanese labour law is the system of labour law operating in Japan.

Annual leave is a period of paid time off work granted by employers to employees to be used for whatever the employee wishes. Depending on the employer's policies, differing number of days may be offered, and the employee may be required to give a certain amount of advance notice, may have to coordinate with the employer to be sure that staffing is available during the employee's absence, and other requirements may have to be met. The vast majority of countries today mandate a minimum amount of paid annual leave by law.

Sick leave is paid time off from work that workers can use to stay home to address their health needs without losing pay. It differs from paid vacation time or time off work to deal with personal matters, because sick leave is intended for health-related purposes. Sick leave can include a mental health day and taking time away from work to go to a scheduled doctor's appointment. Some policies also allow paid sick time to be used to care for sick family members, or to address health and safety needs related to domestic violence or sexual assault. Menstrual leave is another type of time off work for a health-related reason, but it is not always paid.

<span class="mw-page-title-main">Women in the workforce</span> All women who perform some kind of job

Since the industrial revolution, participation of women in the workforce outside the home has increased in industrialized nations, with particularly large growth seen in the 20th century. Largely seen as a boon for industrial society, women in the workforce contribute to a higher national economic output as measure in GDP as well as decreasing labor costs by increasing the labor supply in a society.

<span class="mw-page-title-main">Indian labour law</span> Laws regulating labour in India

Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave and 7 casual leaves each year to each employee, with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.

Gender pay gap in India refers to the difference in earnings between women and men in the paid employment and the labor market. For the year 2013, the gender pay gap in India was estimated to be 24.81%. Further, while analyzing the level of female participation in the economy, this report slots India as one of the bottom 10 countries on its list. Thus, in addition to unequal pay, there is also unequal representation, because while women constitute almost half the Indian population, their representation in the work force amounts to only about one-fourth of the total.

Italy does not have a nationally unified labor code. Labor legislation is wide-ranging, with laws, regulations and statutes that bear on labor relations. The Constitution of Italy contains declarations of principle relating to fair payment, maximum working hours, vacation, protection of women and minors, social insurance, illness, disability, industrial diseases and accidents, Freedom of Association and the right to strike. The Workers' Statute of 1970 was modified, and plays an important role.

<span class="mw-page-title-main">Family policy in Japan</span>

Family policy in the country of Japan refers to government measures that attempt to increase the national birthrate in order to address Japan's declining population. It is speculated that leading causes of Japan's declining birthrate include the institutional and social challenges Japanese women face when expected to care for children while simultaneously working the long hours expected of Japanese workers. Japanese family policy measures therefore seek to make childcare easier for new parents.

Menstrual suppression refers to the practice of using hormonal management to stop or reduce menstrual bleeding. In contrast to surgical options for this purpose, such as hysterectomy or endometrial ablation, hormonal methods to manipulate menstruation are reversible.

Menstruation can have a notable impact on mental health, with some individuals experiencing mood disturbances and psychopathological symptoms during their menstrual cycle. Menstruation involves hormonal fluctuations and physiological changes in the body, which can affect a person's mood and psychological state. Many individuals report experiencing mood swings, irritability, anxiety, and even depression in the days leading up to their menstrual period. This cluster of symptoms is often referred to as premenstrual syndrome (PMS). For some individuals, the psychopathological symptoms associated with menstruation can be severe and debilitating, leading to a condition known as premenstrual dysphoric disorder (PMDD). PMDD is characterized by intense mood disturbances, cognitive, and somatic symptoms, which occur in a cyclical pattern linked to the menstrual cycle. In addition to PMDD, menstruation can exacerbate existing mental health conditions. The complex relationship between menstruation and mental well-being has garnered increased attention in both scientific research and public discourse.

References

  1. 1 2 3 4 5 6 King S. (2021) Menstrual Leave: Good Intention, Poor Solution. In: Hassard J., Torres L.D. (eds) Aligning Perspectives in Gender Mainstreaming. Aligning Perspectives on Health, Safety and Well-Being. Springer, Cham. doi : 10.1007/978-3-030-53269-7_9 “The code's reference to menstrual leave was misinterpreted by the media as meaning 'all female NIKE employees are entitled to paid time off work for menstruation' (e.g. Shipley, 2016).”
  2. 1 2 Levitt RA, Barnack-Tavlaris JL (2020). "Chapter 43: Addressing Menstruation in the Workplace: The Menstrual Leave Debate". In Bobel C, Winkler IG, Fahs B, Hasson KA, Kissling EA, Roberts T (eds.). The Palgrave Handbook of Critical Menstruation Studies. Palgrave Macmillan. doi:10.1007/978-981-15-0614-7_43. ISBN   978-981-15-0614-7. PMID   33347190. S2CID   226619907.
  3. ↑ Iuliano, Sarah (4 August 2013). "Menstrual leave: delightful or discriminatory?". 5 August 2013. Lip Magazine. Retrieved 3 January 2014.
  4. ↑ Price, Catherine (11 October 2006). "Should women get paid menstruation leave?". Salon. Retrieved 3 January 2014.
  5. ↑ "Italy debates paid 'menstrual leave' but experts warn it could increase gender bias at work". Global News.
  6. ↑ "Policy Brief: Women and Menstruation in the EU". Eurohealth. 2018-03-07. Retrieved 2019-03-26.
  7. ↑ Khan, Khalid; Champaneria, Rita; Latthe, Pallavi (2012-02-15). "Dysmenorrhea". American Family Physician. 85 (4): 386–387. ISSN   0002-838X.
  8. ↑ Biggs WS, Demuth RH (October 2011). "Premenstrual syndrome and premenstrual dysphoric disorder". American Family Physician. 84 (8): 918–24. PMID   22010771.
  9. ↑ Diagnostic and Statistical Manual of Mental Disorders (5th ed.). Arlington, VA: American Psychiatric Association. 2013. p. 625.4. Code: 625.4 (N94.3)
  10. ↑ "A Kerala School Granted Period Leave 105 Years Ago". NDTV. 20 August 2017. Retrieved 20 August 2017.
  11. ↑ JSTOR (1995). "Japan's 1986 Equal Employment Opportunity Law and the Changing Discourse on Gender". Signs. 20 (2): 268–302. doi:10.1086/494975. JSTOR   3174950. S2CID   144396195.
  12. ↑ Matchar, Emily (May 16, 2014). "Should Paid 'Menstrual Leave' Be a Thing?". The Atlantic.
  13. ↑ Lampen, Claire. "Can 'period leave' ever work?". www.bbc.com.
  14. ↑ Julia Hollingsworth. "Should women be entitled to period leave? These countries think so". CNN. Retrieved 2020-11-22.
  15. ↑ Govt. of Indonesia. "Labour Act". Archived from the original on 2011-10-04.
  16. ↑ International Labour Organization. "National Labour Law Profile: Japan".
  17. ↑ asianfoodworker. "Comparison of the Japanese Laws and Model CBA of UI ZENSEN on Maternity Protection" (PDF). Archived from the original (PDF) on 2007-06-26. Retrieved 2011-06-13.
  18. ↑ International Labour Organization. "National Labour Law Profile: Japan".
  19. ↑ joongangdaily. "Once again, court orders menstrual leave payout".
  20. ↑ "Law Source Retrieving System Labor Laws And Regulations-Act of Gender Equality in Employment（103.12.11）". laws.mol.gov.tw. Retrieved 2022-09-12.
  21. ↑ The China Post. "Gender equality in employment act revised".
  22. 1 2 Masih, Niha (2023-02-17). "Need time off work for period pain? These countries offer 'menstrual leave.'". Washington Post. Retrieved 2023-02-24.
  23. ↑ "The country where all women get time off for being on their period" . The Independent. 2017-01-04. Archived from the original on 2022-05-12. Retrieved 2019-03-31.
  24. ↑ "A company is giving its female staff 'period leave'" . The Independent. 2016-03-01. Archived from the original on 2022-05-12. Retrieved 2019-03-31.
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