Our thoughts on recent menstruation leave legislation

In January, I was asked if I would participate in an interview with ITV about Spain’s decision to introduce menstrual leave. I agreed and then spent some time considering the Spanish proposal and what a similar initiative might look like in the UK, warts and all.

The Spanish proposal

In December 2022, Spanish lawmakers adopted a new bill proposing the introduction of menstrual leave. While the finer details have yet to be confirmed, it's understood the leave will be paid for by the state and consist of three days’ leave per month, subject to medical certification. When the bill is adopted, Spain will become the first country in Europe to offer it, so it’s worth having a think about.

The health perspective

One third of people who menstruate experience severe pain (Spanish Gynecology and Obstetrics Society). Others experience nausea, migraines, diarrhea and tiredness. It’s a significant list of symptoms which can have a profound effect.

Despite this, 60% of those who menstruate would feel uncomfortable discussing the topic with a colleague or their manager (DPG) and half of those who experience severe pain won’t disclose this to anyone (Spanish Gynecology and Obstetrics Society). It’s clear there’s a mismatch between the significance of the issue and how widely it’s discussed.

The potential benefits

You’ll probably agree menstruation is little spoken about in the workplace. Many employers, and even menstruating employees themselves, believe it’s an inappropriate topic of discussion (a third of men believe it’s unprofessional to talk about periods at work – HR Zone). But given menstrual health is a fundamental aspect of wellbeing, surely it must be time for a change?

Spain’s introduction of menstrual leave will at least kick-off the conversation. It will put remove the mystery, encourage open dialogue and contribute more widely to the inclusivity agenda. Brighton & Hove is known for its inclusivity and many employers in the city reflect this in their workplace practices. For example, the city boasts a successful Living Wage Campaign (run by the team at Brighton Chamber), with nearly 900 businesses signed up. Interestingly, those behind the campaign have found that staff morale improves across the board when an employer is seen to be doing the right thing by its people, so introducing a policy that demonstrates compassion, such as menstrual leave, may well have broader benefits.

The queries and concerns

That said, there are a range of concerns to be conscious off.

Firstly, while menstrual leave is intended to support gender equality, there are many who believe it might actually damage it given a policy so closely focused on the female body risks perpetuating gender stereotypes (ie: women are unreliable or incapable while menstruating). In addition, there is concern the leave itself and any financial exposure for the employer might actually give employers another reason not to hire or promote women.

Further, there are health-related issues to consider. For example, might normalising period pain actually deter those experiencing unusually painful periods from getting the same checked by a doctor? And what about those who experience symptoms other than pain?

The available options

It’s likely we will, in future, receive guidance from the Government as regards its position on menstrual leave. Until then, there’s nothing to stop employers introducing their own form of support. Why don’t you consult your staff to find out what they think would be beneficial? While leave might work for some, others might want to keep working but benefit more from more flexibility on breaks and hours.

Thereafter, you could prepare a policy. Make it inclusive, bearing in mind it’s not just women who menstruate and that a one-size-fits-all approach won’t suit everyone. By careful with your language and consider a varied approach such as working from home, late start/early finishes, extended rest breaks, staff-wide training and free sanitary products.

Once you’ve drawn up your policy, think about how you’ll bring it to life - it’s no good having a policy if managers don’t show, through their words and actions, it reflects reality. Train your managers to understand menstruation, the symptoms and their potential severity to ensure they feel comfortable having conversations about it and know what support they can offer.

Once your managers are trained, consider rolling out the policy alongside an awareness campaign, whether focused on menstruation or wellbeing more broadly. You could organise lunchtime talks, use your intranet to provide guidance or simply stick up posters around the workplace.

So, in summary…

While any initiative that forces employers to think about the wellbeing of their staff is to be celebrated, it’s never as simple as that where people management is concerned. There are practical and personal issues at play that need to be thought through, to ensure the end result genuinely supports staff wellbeing.

Izzy Chung is Marketing Executive at Loch Associates – specialists in helping businesses with their staff in employment law, HR, health and wellbeing, and mediation. Find out more about Loch on their website here.

If you want to contribute to the Chamber blog, contact us on hannah@brightonchamber.co.uk