What Is Menstrual Leave?
Menstrual leave is a special type of leave granted to female employees because of menstruation. It is an additional day off work that can be taken on demand to ease the discomfort associated with a period. This type of leave is an important element of employment law, as it allows employees to be temporarily absent from work without having to use annual leave or sick leave. Thanks to this, employees can take extra days off during the month to look after their health.
The Purpose of Introducing Menstrual Leave
The purpose of introducing menstrual leave is to improve women's health and comfort during menstruation. A period can involve various ailments, such as:
- abdominal pain,
- migraines,
- general fatigue,
which can affect the ability to perform work duties effectively. Being able to take menstrual leave allows employees to look after their health better, which translates into a better quality of life and greater efficiency at work. Employers can also benefit, since healthy and satisfied employees are more productive.
Reducing the Stigma Around Menstruation
Introducing menstrual leave is also intended to reduce the stigma surrounding menstruation in the workplace. Menstruation, a natural physiological process, is still sometimes treated as a taboo subject. An additional day off due to menstruation can contribute to:
- greater acceptance and understanding of employees' health needs,
- promoting openness in conversations about menstruation,
- creating a more inclusive and supportive work environment.
Thanks to menstrual leave, women can feel more comfortable and confident in their workplaces. By supporting such initiatives, employers show that they care about the health and wellbeing of their female employees, which is crucial for building a positive atmosphere in the workplace.
Who Is Entitled to Menstrual Leave?
Menstrual leave is an important employee benefit intended for women experiencing menstruation-related discomfort. The criteria entitling someone to this type of leave vary from country to country.
In Japan, the right to menstrual leave has existed since 1947. Every female employee can take days off during menstruation, but this leave is unpaid.
In South Korea, menstrual leave was introduced in 1953. Women can request a day off due to menstruation, although a medical certificate is sometimes required.
In Spain, menstrual leave was legally regulated in 2023. Employees can take fully paid days off, which is significant support for women suffering from painful periods.
Is Leave Available to All Female Employees?
In countries where menstrual leave is legally regulated, every female employee can take a day off due to menstruation, regardless of specific medical conditions. For example:
- In Japan, every female employee has the right to menstrual leave, regardless of whether she suffers from a specific condition.
- In Spain, menstrual leave is available to every woman who needs a day off due to painful periods.
In some countries, the law also takes into account specific conditions, such as endometriosis or premenstrual syndrome (PMS). One example is:
- In Italy, women can take health leave due to painful periods, provided they submit a medical certificate. This solution is especially important for women with serious conditions causing severe pain.
Medical Certificate
Is a Medical Certificate Required to Take Menstrual Leave?
The requirement for a medical certificate to take menstrual leave varies depending on the country and its labour law provisions.
- In Japan and South Korea, employees can take menstrual leave without having to provide medical certificates. It is treated as leave on demand, which simplifies the procedure and makes it easier to access this benefit.
- In Spain, employees are entitled to paid menstrual leave without needing to present medical certificates, which makes exercising this right more accessible and less stressful.
- In Italy, women can take health leave due to painful periods, but they must provide a medical certificate confirming the medical necessity of the leave.
The Procedure for Obtaining a Certificate
In countries where a medical certificate is required, the procedure for obtaining one involves several steps:
- Visit to the doctor: The employee visits a doctor, who assesses her health and confirms the menstruation-related discomfort.
- Issuing the certificate: The doctor issues a medical certificate stating the need for leave due to menstruation-related health issues.
- Submitting the certificate to the employer: The employee submits the medical certificate to her employer in accordance with the company's internal procedures.
The Employer's Role in Accepting and Managing Certificates
Employers play a key role in accepting and managing medical certificates related to menstrual leave. They must:
- Accept the certificate: The employer must verify the authenticity of the medical certificate and ensure that it meets all formal requirements.
- Manage the leave: The employer should keep a record of the menstrual leave days used, to monitor compliance with labour law and company policy.
- Maintain discretion: Employers must manage medical certificates in a way that protects employees' privacy, preventing stigmatisation and safeguarding the confidentiality of health information.
The Polish Labour Code and Menstrual Leave in Poland
At present, the Polish Labour Code contains no provisions regulating menstrual leave. Employees have no statutory right to an additional day off due to menstruation. Labour law does not take into account women's specific needs relating to menstruation, which means menstrual leave is not formally recognised under Polish employment law.
However, some Polish companies, such as CD Projekt RED, have introduced the option of taking menstrual leave without the need to provide medical certificates, which makes it significantly easier for employees to use this benefit. This is a step towards improving working conditions and women's health in Poland.
Potential Changes to the Labour Code Needed to Introduce Menstrual Leave
Introducing menstrual leave into Poland's Labour Code would require specific legislative changes. Here are the key aspects that would need to be addressed:
- Defining the right to leave: Provisions would need to be introduced clearly stating that every female employee has the right to menstrual leave, regardless of the form of employment. The option of taking one additional day off per month due to menstruation should be clearly set out in the regulations, similar to maternity leave.
- Pay during leave: It is important to determine whether menstrual leave would be fully paid. In Spain, menstrual leave is fully paid, meaning employees receive their salary for that time. In Poland, it would likewise need to be established whether pay for menstrual leave would be full, or whether employees would receive an equivalent for unused days.
- Procedures and formalities: It would be necessary to determine whether a medical certificate would be required to take menstrual leave, or whether employees would be able to request the leave on demand without additional formalities. In some countries, such as Japan and South Korea, no medical certificate is required, which simplifies the procedures.
Opinions and Controversies
Menstrual leave sparks numerous discussions among both employees and employers. Opinions on introducing menstrual leave are divided, and the debate covers both the benefits and the potential problems associated with this solution.
Arguments in Favour
Supporters of menstrual leave point to a number of benefits that could result from its introduction:
- Improved health and comfort at work: Menstrual leave allows employees to take a day off each month, which can significantly improve their health and wellbeing. On difficult menstruation days, employees may suffer from severe pain and discomfort, which affects their performance at work.
- Reduced stigmatisation: Introducing menstrual leave can help reduce the stigma associated with menstruation. Open conversations about menstruation can lead to greater understanding and acceptance of this natural process in the workplace.
- Support for women in the job market: Taking care of employees' health can improve their engagement and loyalty towards the employer. It can also help attract talent and increase gender equality in the workplace.
Arguments Against
Opponents of menstrual leave point to potential problems and challenges associated with its introduction:
- Possible misuse: There is a concern that some employees may misuse menstruation-related leave, taking it without a genuine need. This could lead to increased absenteeism and reduced productivity.
- Additional burden for employers: Employers may face additional costs related to the need to cover for absent employees or to pay wages for extra days off. This can be particularly difficult for small companies.
- Potential discrimination: Some opponents fear that introducing menstrual leave could lead to discrimination against women in the job market. Employers might avoid hiring women of reproductive age, fearing the increased costs associated with additional leave.
Summary
Menstrual leave is an important benefit for female employees, allowing them to take an additional day off due to menstruation-related discomfort. Although Poland does not yet have formal labour law provisions regulating this leave, some companies introduce it on their own initiative, which improves employees' comfort and health. Examples of such initiatives can be found in various companies, showing that employees can better manage their working time and health.
Introducing menstrual leave could significantly impact the job market, reducing the stigma around menstruation and providing employees with better working conditions. In some countries around the world, such solutions are already in place, offering fully paid days off or the option to take leave without having to provide medical certificates.
In Poland, for menstrual leave to be formally introduced, changes to labour law would be needed. A draft bill would have to establish the right to time off work due to menstruation, while also ensuring that employees receive full pay for that time. Such a step would require cooperation between the Ministry of Family, Labour and Social Policy and employers to create an appropriate solution within labour law.
Frequently Asked Questions (FAQ)
1. In Which Countries Is Menstrual Leave Available?
Menstrual leave is available in several countries around the world, including:
- Japan: In place since 1947. Employees can take days off during menstruation, although this leave is unpaid.
- South Korea: In force since 1953. Employees can request a day off due to menstruation, although this leave is unpaid.
- Spain: Since 2023, it has offered fully paid menstrual leave for women suffering from painful periods.
- Indonesia: Employees are entitled to two days of menstrual leave every month.
- Taiwan: Employees can take three days of menstrual leave a year, which are counted as time off work.
2. Is Menstrual Leave Paid?
The question of payment for menstrual leave differs from country to country:
- Spain: Menstrual leave is fully paid, meaning women receive their salary for the time they are absent from work due to menstruation.
- Japan and South Korea: Menstrual leave is unpaid. Employees can take days off, but they do not receive pay for that time.
- Taiwan: Employees are entitled to three days of paid menstrual leave a year, with any additional days potentially unpaid.
- Indonesia: Employees are entitled to two days of menstrual leave every month, but payment depends on company policy.
3. How Long Can Menstrual Leave Be Taken For?
The length of menstrual leave varies depending on the regulations in force in each country:
- Japan: There is no limit on the number of days off, but the leave is unpaid.
- South Korea: Employees can request menstrual leave according to their individual needs, but the leave is unpaid.
- Spain: Women can take menstrual leave for the duration of painful periods, and the leave is fully paid.
- Indonesia: Employees are entitled to two days of menstrual leave every month.
- Taiwan: Employees can take three days of menstrual leave a year, which are paid, with any additional days potentially unpaid.
