Introduction
One year after the entry into force of leave due to incapacitating menstruation, a total of 1,408 leaves have been processed with an average duration of three days. These data, provided by the Ministry of Inclusion, are relevant in the context of World Menstrual Hygiene Day. Although this figure represents a small proportion of the total number of layoffs that began in 2023, which was 8.8 million, the experts highlight the impact of ‘underdiagnosis’ and the fear of employment discrimination as factors that have limited the number of discharges due to incapacitating menstruation (https://www.softcatala.org/resum-de-textos-en-catala/).
When can you order?
The possibility to apply for these terminations was approved on June 1, 2023, as part of the abortion law. To be able to request them, patients must have a medical diagnosis of secondary dysmenorrhea, which is painful menstruation associated with pathologies such as endometriosis, fibroids, adenomyosis or other diseases such as pelvic inflammation, endometrial polyps, polycystic ovaries or difficulties in the expulsion of menstrual blood. The duration of leave is extended as long as these symptoms associated with menstruation persist, and the corresponding financial benefit is paid by Social Security from the first day of leave (https://www.softcatala.org/resum-de- texts-in-Catalan/).
A form of discrimination for some women
Since its approval, leave due to incapacitating menstruation has generated debate and controversy. The Deputy Secretary of UGT, Cristina Antoñanzas, expressed her concern that this termination could be a form of discrimination against women, since companies can find out the reason for the termination through the code used by the Social Security in the reports. Although Antoñanzas is in favor of this dismissal, he considers that there are still discriminatory aspects to be taken into account.
Lack of gender perspective
The Secretary of Women, Equality and Working Conditions of CCOO, Carolina Vidal, criticizes the lack of a gender perspective in the health system, which has focused on the clinical study of the male body and has been slow to make a quick diagnosis. This lack of proper diagnosis is one of the reasons why the number of discharges due to disabling menstruation has been so low since its implementation. Vidal considers it essential to fight for the recognition of this leave of absence because it makes visible the circumstances of women and avoids discrimination (https://www.softcatala.org/resum-de-textos-en-catala/).
Data and impact
According to a study by the consulting company Kantar, 49% of women suffer from painful periods, and this percentage rises to 76% in the case of younger women. The Ministry of Equality estimated that the right to leave for incapacitating menstruation would have a maximum additional cost of €23.8 million per year. Based on the figures of the active and employed population, it is estimated that 1% of women of working age, around 60,000, could suffer from these incapacitating periods. However, the number of casualties has been much lower than these estimates (https://www.softcatala.org/resum-de-textos-en-catala/).
