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Menstrual Leave: Extra 3 days paid leave a month for Italian women may become law

Amber Thomas
Has anyone else seen this...?


Italy might soon become the first Western country with an official “menstrual leave” policy for working women. The lower house of Italy’s parliament has started discussing a draft law that, if approved, will mandate companies to grant three days of paid leave each month to female employees who experience painful periods. “It has been shown that women who suffer severe pain during their period are much less productive in these days,” said Simonetta Rubinato, a politician who put the law forward with three other female lawmakers. “Recognising their right to be absent from work during that time means they will be much more productive when they return.”


Some fear that the law might backfire, penalising women in a country where they are already struggling to participate in the workforce. If women were granted extra days of paid leave, wrote Lorenza Pleuteri in Donna Moderna, a women’s magazine, “employers could become even more oriented to hire men rather than women”.


Italy has one of the lowest rates of female participation in the workforce in Europe. Only 61 percent of Italian women work, well below the European average of 72 per cent. This is due in part to employers’ reluctance to hire women and retain them after they become mothers. According to a report by ISTAT, Italy's national bureau of statistics, almost one-fourth of pregnant workers are fired during or right after their pregnancies – even though doing so is illegal.


Menstrual leave has been a legal right for Japanese women since 1947, but fear of social stigma means many will not take it. “If you take menstrual leave, you’re basically broadcasting to the entire office which days of the month you have your period,” said Kyoko, a professional woman in her 30s, who asked for her real name to be withheld. “It’s not the sort of thing you want to share with male colleagues, and it could lead to sexual harassment.”


Some UK companies are also starting to offer this policy. Read more: 





Would be interested to hear thoughts on this. Is this a step towards equality and greater flexible working policies or a step backwards by marking women as incapable 3 days a month? Would you be comfortable with your colleagues (and possibly your clients) knowing your personal bodily functions? Would extra time off cause resentment from male colleagues/managers? Or from female colleagues/managers who choose not to take it? Would the potential for women to take extra days off mean employers would be less likely to hire/promote women in the first place?
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    I'm aware that for some women (especially those with ongoing conditions like Endometriosis) period pain can be severe and debilitating.  I presume that this proposed law is aimed more at helping those women than the majority who can just work through it, maybe with the help of a couple painkillers every 4 hours.   For the women who do have severe pain, to the extent that it interferes with their ability to work, I'd actually expect the law to not really be necessary and just be reinforcing existing legislation, in the UK at least.  Under the equalities act the guidance for something being counted as a disability[1]  is that it impacts their ability to work and lasts or is expected to last 12 months or more.  Therefore if a woman suffers period pains that are severe enough that they need to take time off work they should be able to take time off work as sick and not have it counted under attendance management processes.  There is still the issue of colleagues potentially knowing why you are off and therefore your menstral cycle, but this is akin to the situation faced by many disabled people who have to disclose their disability to their co-workers so the co-workers will know how react in case of an issue and/or what accomodations they might need to make.


    If this law were enacted then perhaps it should include a similar allowance for men to take time off work to support a partner who suffers debilitating pain?


    Also, there are roughly 30 days in the month so, as an employer, do I want to lose a loyal employee for 100% of the month, when I can have them for 90% of the month, over something that isn't their fault, is likely to reduce with time and only impacts them 10% of the month?  Or do I want to be the employer who attracts and retains top talent because I treat them with understanding and humanity?


    Stephen


    [1] For clarity and avoidance of doubt I'm not saying that being a woman is a disability.  I'm saying that suffering debilitating pain 3 days a month, whatever the cause, is a disability.  I have a male colleague who has a recurring pelvic infection that flares up from time to time, in some ways that is worse for the employer as it is utterly unpredictable where as most women have a fairly predicable cycle.
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    I'm aware that for some women (especially those with ongoing conditions like Endometriosis) period pain can be severe and debilitating.  I presume that this proposed law is aimed more at helping those women than the majority who can just work through it, maybe with the help of a couple painkillers every 4 hours.   For the women who do have severe pain, to the extent that it interferes with their ability to work, I'd actually expect the law to not really be necessary and just be reinforcing existing legislation, in the UK at least.  Under the equalities act the guidance for something being counted as a disability[1]  is that it impacts their ability to work and lasts or is expected to last 12 months or more.  Therefore if a woman suffers period pains that are severe enough that they need to take time off work they should be able to take time off work as sick and not have it counted under attendance management processes.  There is still the issue of colleagues potentially knowing why you are off and therefore your menstral cycle, but this is akin to the situation faced by many disabled people who have to disclose their disability to their co-workers so the co-workers will know how react in case of an issue and/or what accomodations they might need to make.


    If this law were enacted then perhaps it should include a similar allowance for men to take time off work to support a partner who suffers debilitating pain?


    Also, there are roughly 30 days in the month so, as an employer, do I want to lose a loyal employee for 100% of the month, when I can have them for 90% of the month, over something that isn't their fault, is likely to reduce with time and only impacts them 10% of the month?  Or do I want to be the employer who attracts and retains top talent because I treat them with understanding and humanity?


    Stephen


    [1] For clarity and avoidance of doubt I'm not saying that being a woman is a disability.  I'm saying that suffering debilitating pain 3 days a month, whatever the cause, is a disability.  I have a male colleague who has a recurring pelvic infection that flares up from time to time, in some ways that is worse for the employer as it is utterly unpredictable where as most women have a fairly predicable cycle.
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