Spanish lawmakers on Thursday gave final approval to a law granting paid medical leave to women suffering severe period pain, becoming the first European country to advance such legislation.

The law, which passed by 185 votes in favour to 154 against, is aimed at breaking a taboo on the subject, the government has said.

Menstrual leave is currently offered only in a small number of countries across the globe, among them Japan, Indonesia and Zambia.

“It is a historic day for feminist progress,” Equality Minister Irene Montero tweeted ahead of the vote.

The legislation entitles workers experiencing period pain to as much time off as they need, with the state social security system – not employers – picking up the tab for the sick leave.

As with paid leave for other health reasons, a doctor must approve the temporary medical incapacity. 

The length of sick leave that doctors will be able to grant to women suffering from painful periods has not been specified in the law.

About a third of women who menstruate suffer from severe pain, according to the Spanish Gynaecology and Obstetrics Society.

The measure has created divisions among both politicians and unions, with the UGT, one of Spain’s largest trade unions, warning it could stigmatise women in the workplace and favour the recruitment of men.

The main opposition conservative Popular Party (PP) also warned the law risks “stigmatising” women and could have “negative consequences in the labour market” for them.

“Menstrual leave” is one of the key measures in the broader legislation, which also provides for increased access to abortion in public hospitals. 

Less than 15 per cent of abortions performed in the country take place in such institutions, mainly because of conscientious objections by doctors.

The new law also allows minors to have abortions without parental permission at 16 and 17 years of age, reversing a requirement introduced by a previous conservative government in 2015.

Spain, a European leader in women’s rights, decriminalised abortion in 1985, and in 2010, it passed a law that allows women to opt freely for abortion during the first 14 weeks of pregnancy in most cases.

The global push for paid menstrual leave

Here is a summary of the situation worldwide: 

Spain: first in Europe 

Spain’s bill, which was drafted by the country’s left-wing government, grants paid leave for period pain, provided sufferers have a doctor’s note. The legislation does not specify a time frame for such leave.

Equality Minister Irene Montero vowed: “No more going to work with pain, no more taking pills before arriving at work and having to hide the fact we’re in pain that makes us unable to work.”

The bill drew criticism from Spanish unions, who warn that, far from liberating women, menstrual leave could prompt employers to prioritise men when hiring.

Indonesia: two days per cycle 

Indonesia passed a law in 2003 giving women the right to two days of paid menstrual leave per month, without giving prior notice.

But the provision is in practice discretionary.

Many employers allow only one day a month, while others give no menstrual leave at all, either because they are unaware of the law or choose to disregard it. 

Japan: legal since 1947 

In Japan, a law dating as far back as 1947 states that companies must agree to give women menstrual leave if they request it, for as long as they need it.

It does not, however, require them to pay women during menstrual leave, but around 30 per cent of Japanese companies offer full or partial pay, according to a 2020 labour ministry survey.

Not many women take advantage of the law, however. The survey of around 6,000 companies found that just 0.9 per cent of eligible workers had taken menstrual leave.

South Korea: one day a month 

In South Korea, women are entitled to one day of unpaid menstrual leave per month. Employers who refuse face fines of up to 5 million won ($3,844). 

A 2018 survey showed greater take-up than in Japan, with a little over 19 per cent of women taking time off.

Taiwan: three days per year

In Taiwan, the Act of Gender Equality in Employment gives women three days of menstrual leave per year, which are not deducted from the statutory 30 days of regular sick leave.

Women can only take one day in any given month.

Like sick leave, workers on menstrual leave receive only 50 per cent of their salary.

[attach id=1284714 size="large" align="left" type="image"]A shelf packed with women’s sanitary pads is pictured at a shop in Lusaka, Zambia. Photo: Salim Dawood / AFP[/attach]

Zambia: ‘Mother’s day’

Zambia passed a law in 2015 allowing women to take a day off work during their period, without giving notice or supplying a doctor’s note.

While the measure is generally accepted and supported, not all employers willingly comply with the law on what is discreetly referred to as “Mother’s Day”.

But, encouraged by trade unions, women are starting to exercise their right, communications expert and women’s rights advocate Ruth Kanyanga Kamwi told AFP.

 Company ‘perk’ 

Some companies and institutions have not waited to be compelled by law to offer women menstrual leave.

They include Australian pension fund Future Super, Indian food delivery start-up Zomato, and French furniture firm Louis which give respectively six, 10 and 12 extra days.

On its website, Los Angeles-based astrology company Chani also offers “unlimited menstrual leave for people with uteruses”.