In 2017, Italy made headlines when it considered offering up to three days a month of paid leave— to women who experience extreme pain during their periods, but the proposal didn't pass. Other major countries, including Japan, South Korea and Indonesia, already offer this benefit.
According to the American Academy of Family Physicians, dysmenorrhea — extreme period pain — is a common experience. Nearly one in five women have pain so severe that it interferes with daily activities. Since women made up 56.8% of the workforce in 2016, according to the Department of Labor, paid period leave is worth discussing. Some countries offer unpaid menstrual leave or have other policies in place. For example, Japan requires employers to grant women days off for difficult menstruation but does not obligate them to pay workers for the absences.
- Some countries already offer paid menstrual leave:
- • Indonesia - Two days per month.
- • South Korea - Women must be paid out for unused menstruation leave.
- • Taiwan - Three days per month which aren't counted against sick leave.
- • Zambia - One day off per month.
The first in the EU: Spain grants three days of menstrual leave
The menstrual leave approved last week in Spain is a measure included in the text of the abortion law reform. This is an unprecedented proposal on the continent and in much of the world, promoted by the Ministry of Equality, which, however, generated controversy after a tense negotiation with the Ministry of Social Security.
Women with severe menstruation symptoms can get up to three paid days to recover. However, the policy is just for women with incapacitating menstruation, and they must have a prior medical diagnosis to be able to take this measure.
In Spain, at least one in ten women in the country suffers from endometriosis, according to data from the Ministry of Health. In addition, diseases such as fibroids, ovarian polyps or endometriosis can hide behind the signs. On the other hand, the policy has raised controversies in the country. Some consider this step as stigmatization, and others affirm that it will guarantee fundamental and labor rights.
Controversies: does it stigmatize or vindicate women?
The Minister of Economic Affairs, Nadia Calviñoo has publicly reiterated that the approval of the norm could “stigmatize women” in the labor market if they take days off due to this situation. Others believe it's a vindication of labor rights as women are already stigmatized in the sexist culture. "Labor rights can never be a source of stigmatization. The stigmatization lies in the lack of recognition of basic rights since the labor market continues to be "profoundly androcentric", Toni Morillas, director of the Women's Institute, attached to the Ministry of Equality, and one of the leaders of negotiations between ministries, told the media.
Jimena López Sánchez, spokesperson for the Madrid Commission for the Right to Abortion, stresses that it is not just about recognizing sexual or reproductive rights but also labor rights. She assures that this type of legislation would not be a double-edged sword to increase discrimination in the work environment, but on the contrary, it would provide conciliation measures.
"Discrimination against women in the labor market already exists, we charge differentiated salaries, there are much fewer contracts for women, and it is measured like these that normalize that we can link to the market (...) We must stop judging women as if they were to look for tricks not to work when we have shown that this is not the case, we are half of the world's population, and this is social responsibility. If we have more dignified lives, the situation of society will also be more equitable and better", emphasizes López in an interview with France 24.
Other changes in Spain: “only yes means yes” and more
While all the attention is on the three days of menstrual leave, there are other points that impact women directly in the abortion law reform in Spain. There are other reforms going on. The Spanish parliament approved the ‘only yes means yes' consent bill last week. Therefore, sexual assault survivors will no longer have to prove violence was used against them if passed by Senate. The law had long relied on evidence of violence, resistance or intimidation to decide whether a criminal sexual act occurred. On the other hand, the new bill defines consent as an explicit expression of a person's will, making it clear that silence or passivity do not equal consent.
Although menstrual leave was considered a progressive policy in Spain, the practice of surrogate pregnancy is considered violence against women. A new reform of the abortion law includes the prohibition of publicity in agencies, with sanctions, and goes on even more. Spanish tribunals will be able to persecute couples that recur to foreign countries to find a woman that is willing to have their baby, which is considered an illegal practice in Spain.
Moreover, the law obliges schools, educational institutions, and prisons to guarantee free menstruation pads. Additionally, it aims to eliminate VAT for all products related to feminine hygiene. According to the law text, anti-hormonal contraceptives will be financed publicly and distributed freely in institutes in sexual education campaigns.
How about maternity leave?
Some countries put the burden on the employer to cover wages during maternity leave, while others have a social security system in place to cover it. The five countries with the best maternity leave programs are:
- Bulgaria
The eastern European country is the most generous with maternity leave in the EU. The mother, father or guardian of the child is entitled to up to 410 days (13.5 months) of maternity leave provided in a phased approach depending on who cares for the child. This leave is funded at nearly full pay, covering 90% of the employee's salary through social security.
- Greece
In Greece, employees can take just shy of one year off from their jobs for maternity leave with a total of 43 weeks. During leave, employees are compensated through a combination of employer and social security funding. As a global employer, you'll be on the hook for at least 50% of the worker's salary. Fathers are entitled to 14 days of paternity leave. Parents who have completed at least one year of employment are also entitled to 4 months of parental leave that can be taken consecutively or intermittently up until the child reaches 8 years of age.
- The United Kingdom
The United Kingdom has a similar maternity leave policy as Greece, granting employees up to 39 weeks of paid leave with a maximum of 52 weeks, including unpaid time. According to the UK government website, fathers can choose to take either 1 week or 2 consecutive weeks' leave. The amount of time is the same even if they have more than one child (for example, twins). However, leave cannot start before the birth.
- Croatia
Croatia offers a generous 30 weeks of maternity leave, typically beginning 28 days prior to the birth and lasting until the child is six months old. Additional parental leave is available once the child is six months old, as needed. This is the personal right of both parents, and they may take it for 8 (for the first and second child) or 30 months (for twins, third and every subsequent child). As a rule, both parents use parental leave, each for 4 or 15 months (depending on the number of children born).
- Chile
Some South American countries are adopting family-friendly leave policies, as well. For example, in Chile, workers can take up to 30 weeks of maternity leave, with 18 weeks considered standard. Women are entitled to six weeks before and 12 weeks after the birth of their child. Fathers are entitled to 5 continuous working days of paternity leave to be used when they want after the child is born. Fathers can also share the parental leave of up to six weeks of full-time leave or 12 weeks of part-time leave.
