Leave due to disabling menstruation: Data and duration
One year after the implementation of withdrawals due to disabling menstruation, only 1,408 have been processed, with an average duration of three days, according to the most recent data up to mid-April provided by the Ministry of Inclusion. This number represents a minimal fraction compared to the 8.8 million termination processes initiated throughout 2023. The experts consulted attribute this low number of terminations to ‘underdiagnosis’ and fear of employment discrimination.
Requirements and duration of withdrawals
The possibility of requesting these cancellations was established within the framework of the abortion law and came into effect on June 1, 2023, generating debate and controversy about its impact. To request it, patients must have a medical diagnosis of secondary dysmenorrhea, that is, painful menstruation associated with pathologies such as endometriosis, fibroids, adenomyosis or other ailments. The duration of the 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 the leave.
Opinions on sick leave due to disabling menstruation
Discrimination in the work area
At the time of the approval of the rule, the vice-secretary of UGT, Cristina Antoñanzas, expressed her concern, pointing out that this withdrawal could be ‘another form of discrimination’ for women, since companies can know the reason for the withdrawal through of the code used by Social Security in the reports. Although she is in favor of this reduction, Antoñanzas considers that it ends up being ‘discriminatory’.
Lack of gender perspective
Carolina Vidal, Secretary of Women, Equality and Working Conditions of CCOO, criticizes the absence of a gender perspective in the health system, which has focused on the clinical study of the male body, and the slowness in the diagnosis of these conditions. This lack of gender focus is reflected in the low number of benefits for disabling menstruation granted since its implementation.
Statistics and estimated costs
According to a study by the consulting firm Kantar, 49% of women suffer from painful menstruations, reaching 76% in the case of younger women. The Ministry of Equality estimated that the right to leave due to disabling menstruation would have a maximum additional cost of 23.8 million euros per year. However, casualty figures have been well below these estimates, raising questions about the effectiveness and scope of this measure.
