Spanish lawmakers on Thursday voted through a bill granting paid medical leave to women who suffer from severe period pain, becoming the first European country to advance such legislation.
Spain’s left-wing government said the legislation — which passed its first reading by 190 votes in favour to 154 against and five abstentions — was aimed at breaking a taboo on the subject.
It will now go to the Senate, and if changed, will return to the lower house for another vote before becoming law.
The legislation entitles workers experiencing period pain to as much time off as they need, with the state social security system — not employers — picking up the tab for the sick leave.
As with paid leave for other health reasons, a doctor must approve the temporary medical incapacity.
Equality Minister Irene Montero hailed the move as a step forward in addressing a health problem that has been largely swept under the carpet until now.
“We are recognising menstrual issues as part of the right to health and we are fighting against both the stigma and the silence,” she said.
Montero belongs to the hard-left Podemos, the junior partner in Spain’s Socialist-led coalition, which has been the driving force behind the law.
Although the initial draft said women would have access to sick leave “without limit”, there was no mention of that in the text passed on Thursday.
About a third of women who menstruate suffer from severe pain, according to the Spanish Gynaecology and Obstetrics Society.
However, the proposal has created divisions among both politicians and unions, with the UGT, one of Spain’s largest trade unions, warning it could stigmatise women in the workplace and favour the recruitment of men.
The bill also bolsters access to abortion services in public hospitals, a right which remains fraught with difficulties in a country with a strong Catholic tradition.
It also ends the requirement for minors of 16 and 17 to obtain parental consent before having an abortion.
Spain has taken a leading role in advancing women’s rights, passing Europe’s first law against domestic violence in 2004, and its current cabinet boasts more women than men.
Paid menstrual leave: a rare right
Many women have painful periods, but only a handful of countries, most of them in Asia, allow them to take time off work to recover.
Change is in the air however.
Menstrual leave is currently offered only in a small number of countries across the globe, among them Japan, Indonesia and Zambia and now Spain.
Here is a summary of the situation worldwide:
Indonesia
Indonesia passed a law in 2003 giving women the right to two days of paid menstrual leave per month, without giving prior notice.
But the provision is in practice discretionary.
Many employers allow only one day a month, while others give no menstrual leave at all, either because they are unaware of the law or choose to disregard it.
Japan
In Japan, a law dating as far back as 1947 states that companies must agree to give women menstrual leave if they request it, for as long as they need it.
It does not, however, require them to pay women during menstrual leave, but around 30 percent of Japanese companies offer full or partial pay, according to a 2020 labour ministry survey.
Not many women take advantage of the law, however. The survey of around 6,000 companies found that just 0.9 percent of eligible workers had taken menstrual leave.
South Korea
In South Korea, women are entitled to one day of unpaid menstrual leave per month. Employers who refuse face fines of up to 5 million won ($3,844).
A 2018 survey showed greater take-up than in Japan, with a little over 19 percent of women taking time off.
Taiwan
In Taiwan, the Act of Gender Equality in Employment gives women three days of menstrual leave per year, which are not deducted from the statutory 30 days of regular sick leave.
Women can only take one day in any given month.
Like sick leave, workers on menstrual leave receive only 50 percent of their salary.
Zambia
Zambia passed a law in 2015 allowing women to take a day off work during their period, without giving notice or supplying a doctor’s note.
While the measure is generally accepted and supported, not all employers willingly comply with the law on what is discreetly referred to as “Mother’s Day”.
But, encouraged by trade unions, women are starting to exercise their right, communications expert and women’s rights advocate Ruth Kanyanga Kamwi told AFP.
Company ‘perk’
Some companies have not waited to be compelled by law to offer women menstrual leave.
They include Australian pension fund Future Super, Indian food delivery startup Zomato, and French furniture firm Louis which give respectively six, 10 and 12 extra days.
On its website, Los Angeles-based astrology company Chani also offers “unlimited menstrual leave for people with uteruses”.
