At the beginning of this year, the Chamber of Deputies received from the Congress of Mexico City two initiatives with the objective of reforming the Federal Labor Law (LFT) to grant a leave of absence to women, transgender people, and non-binary individuals (collectively referred to as “menstruating people”) on the occasion of their menstrual cycle (menstrual leave).
None of these Initiatives have been approved or promulgated, therefore, as of today, they are mere bills.
During years, the menstruation It has been considered a taboo that has not been openly discussed because it is considered dirty and shameful and, therefore, menstrual problems and their symptoms had to be kept private.
In our culture there are paradigms under which we consider as “weak” or “negligent” those who complain about their menstrual symptoms or who use them as an excuse for not turning in their work. However, menstruation must be recognized as an essential issue in terms of public health and gender equality.
Proof of this is my own experience, in which, I must admit that, when I first learned about these Initiatives, it seemed exaggerated to grant a menstrual leave considering that I have never felt uncomfortable during my own cycle. But, after writing this article, I realized that I was wrong, since there are more than enough causes and reasons that justify that menstruating people could benefit from this permission.
In some countries the possibility of granting menstrual leave has been discussed, but only a few of them have recognized the right of women to health and equal treatment in this area. For example, Japan and Zambia currently grant unpaid menstrual leave, unlike South Korea and Indonesia where this leave is paid. Even more, taiwan grants three annual menstrual leaves, each one for one day with pay.
Meanwhile, on February 20, 2023, the spanish parliament approved a leave of absence due to illness for reasons of menstruation.
The initiatives, their similarities and differences
The Initiatives presented in the Congress of the Union recognize that the right to work in adequate and decent conditions is a fundamental human right recognized by the International Labor Organization (ILO), as well as by the Political Constitution of the United Mexican States and the LFT.
The ILO defines decent job as “that productive work carried out by men and women in conditions of equity, freedom, security and human dignity”. Therefore, the main objective of both Initiatives is to ensure work under equal opportunities for menstruating people. in a safe and healthy environment during your menstrual cycle.
The initiatives establish that menstruating people must have access to work in decent and equitable conditions, and that the employer has the obligation to implement safety and hygiene measures at work.
Both initiatives agree that the most common causes The main causes of stress, distress and disruption at work experienced by menstruating people are the following:
- Extreme pain or symptoms known as colic, excessive bleeding, intense fatigue, nausea, cold sweating, inflammation or irritation of the genitals;
- Feeling dirty or uncomfortable because they require more frequent visits to the toilets, and sometimes these facilities are not free of charge or lack privacy and sufficient hygiene;
- feeling anxiousdepressed, vulnerable or experiencing mood swings that may affect relationships with clients or colleagues;
- lack of infrastructure in the workplace, for example, the lack of a reliable source of water to clean themselves, mechanisms to properly dispose of menstrual products (eg, towels) or cleaning their bodies; and,
- Lack of materials provided by the employer, such as pain relievers, pads and other menstrual supplies.
Despite the existence of all these reasons, the fact remains that not all menstruating people can afford to lose a day’s wages and therefore manage to act responsibly at work. staying clean, managing their pain, and being discreet about their menstrual cycle.
The research study conducted by the Journal of British Health Medicine in 2020, cited in both initiatives, shows that symptoms related to menstruation cause absenteeism and presenteeismwhich result in a decrease in productivity, which can, in turn, result in higher labor cost for the companies.
The initiatives propose reforming the LFT in order to impose new labor obligations on employers. If these were to move forward on the proposed terms, employers would have to give their employees (including transgender and non-binary individuals) a menstrual leave with pay.
None of the Initiatives limits the permit to a specific number of times per year, therefore, it could be understood that it could be requested on a monthly basis.
It is important to point out that one of the initiatives it is much more inclusive than the other, since it grants leave of absence to women, transgender individuals and non-binary individuals, unlike the other initiative that only refers to women.
On the one hand, the first initiative that was proposed in January of this year establishes that the permit must be two days with pay and that could be extended to three to four days; the second, presented in February, mentions that it should only be for one day.
Additionally, one of the initiatives, as it has been drafted, could be interpreted as discriminatory, since it requires menstruating people that they justify and state that they are unable to carry out their work due to symptoms related to menstruation. On the other hand, and in the opposite sense, the other initiative prohibits employers from asking menstruating people for medical records or disability certificates to prove these symptoms.
The reform proposals will continue to gain strength in the Congress of the Union. At this time, both initiatives are under discussion and could still be subject to change.
If approved, this new obligation would be enforceable for all employers from the day after it was published in the Official Gazette of the Federation.
What other actions can be implemented?
Menstruating people are biologically different from non-menstruating people and therefore have different biological needs that must be recognized by employers as part of the right to health and equal treatment. Otherwise, avoiding or hiding this biological process will cause discriminatory practices and unequal treatment.
In this sense, employers must contribute to supporting the health of women and others at work regardless of whether the initiatives are enacted or not.
Workplaces must allow menstruating people feel more comfortable during their cycle, for example, making sure they have access to a reliable water supply that promotes cleanliness, as well as trash cans for menstrual products and access to pain relievers or any other menstrual cycle supplies.
In addition, other actions can be implemented, such as; reduced hours, flexible hours, teleworking, or the possibility of taking one or more days of absence without loss or impairment of salary or in detriment of their acquired labor rights.
*The author is a partner of the Labor Practice at the firm Creel Abogados (@SofiaGomezBautista)
