User:StephBabic/Menstrual Leave

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Menstrual leave is a workplace policy that allows people who menstruate the option to take time off if they are unable to attend work due to menstrual related symptoms or illness. This involves paid or unpaid leave. This policy would prevent employees from going into work while experiencing menstrual related symptoms and from having to use sick days or vacation days to compensate. Many people who menstruate experience negative symptoms such as endometriosis, dysmenorrhea, and premenstrual dysphoric disorder (PMDD). Throughout its history, menstrual leave has been associated with controversy and discrimination against women, with very few countries and companies enacting policies; it is associated with low uptake in those countries that have enacted policies. It is seen by some as a criticism of women’s work efficiency or as sexism. The countries that have enacted policies have done so for reasons relating to protection of fertility among women and rapid industrialization. Some believe that sex-specific employment policies unintentionally reinforce negative beliefs surrounding women’s positions in society. While others compare the function of menstrual leave to that of  maternity leave. In which it is a policy that promotes gender equality.

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Background

Over half of the population will experience menstruation over the course of their lifetime. Menstruation is often accompanied by an array of related symptoms. Menstruation related symptoms (MRSs) are diverse among women. Symptoms include dysmenorrhea, heavy bleeding during periods and premenstrual mood disturbances. Dysmenorrhea is a term that refers to pain during menstruation including menstrual cramps. Dysmenorrhea can occur on its own or be linked to an underlying more serious medical issue. These more serious medical issues include PMDD, endometriosis, pelvic inflammatory diseases, and fibroids. Premenstrual dysphoric disorder is a severe and debilitating form of premenstrual syndrome. PMDD affected 1.8-5.8% of menstruating women. Abnormal menstrual cycles are an important medical health status factor for women. Menstrual cycles can be affected by lack of sleep, hormonal imbalances, stress, and mental health disorders. In up to 30% of women, menstrual symptoms and related issues interfere with everyday life. Studies show that women with menstrual related symptoms have a lower quality of life in terms of physical, mental, social, occupational functions and overall general health during their periods. The purpose of menstrual leave policies is to help negate negative experiences that menstruators endure in the workplace to preserve the health and wellbeing of those who menstruate.

Menstrual Stigma
Menstrual stigma is pervasive around the globe. Menstrual stigma holds many consequences to menstruators. Those who menstruate and those who do not, have been socially conditioned to view menstruation as unclean and taboo. The social and cultural aspects surrounding menstruation including beliefs and taboos may have negative impacts on women’s’ and girls’ lives thus increasing gender inequality and discrimination. Although menstrual leave could have potential benefits to those who menstruate, there are also negative implications that have deterred women from using these policies where they exist. Multiple studies have found that those who do not menstruate evaluate menstruating women more harshly. Menstruating women are often viewed as sad, angry, irritable, and less sexually attractive than those who are not menstruating. The stigmatized status of menstruation can have negative consequences on self-esteem, sexual health, body image, and self-presentation.

Japan
In Japan, since 1947, Article 68 of the Labour Standards Law states "When a woman for whom work during menstrual periods would be specially difficult has requested leave, the employer shall not employ such woman on days of the menstrual period." While Japanese law requires that a woman going through especially difficult menstruation be allowed to take leave, it does not require companies to provide paid leave or extra pay for women who choose to work during menstruation. These labour standards in Japan partly stem from past theories regarding women’s fertility. After significant population loses during World War II, Japan wanted to protect reproductive health. It was believed that poor working conditions including long work hours and poor sanitation could harm women’s ability to bear children. Today however, few women report using the policy in Japan. Reasons for not using it include embarrassment and lack of understanding from coworkers. There have been many attempts to abolish these policies but it remains a part of Japanese employment legislation.

Indonesia
After independence from Japan, Indonesia introduced a menstrual leave policy of its own. In Indonesia, under the Labor Act No. 13 in 2003, women have a right to two days of menstrual leave per month though these are not additional leaves.

South Korea
After independence from Japan, a menstrual leave policy was implemented in South Korea. Female employees are entitled to menstrual leave according to the Article 71 of the Labour Standards Law. If female employees do not take the menstrual leave, they are entitled to additional pay. This policy is still in place however, it continues to have low uptake and is heavily disputed.

Hainan in China
In 1993, this region was facing rapid industrialization. A menstrual leave policy was introduced which is still in place.

Hubei in China
In 2009, optional menstrual leave was introduced. Implementation of this optional menstrual leave is decided by employers.

Anhui in China
In 2016, menstrual leave was introduced because of rapid industrialization. However, uptake is low.

Taiwan
Menstrual leave was introduced in 2002. Differs from other menstrual leave policies as time off counts towards sick leave. The Act of Gender Equality in Employment gives women three days of "menstrual leave" per year, which will not be calculated toward the 30 days of "common sick leave", giving women up to 33 days of "health-related leaves" per year. The extra three days do not come with half-pays once a woman employee exceeds the regulated 30. Uptake is very low (Chang et al., 2011).

Russia
Menstrual leave was introduced in certain job sectors in Russia to protect reproductive function of female workers during rapid industrialization. Physical labour can sometimes affect menstruation which puts national-level fertility at risk. At the time of implementation, Russia was suffering population losses from World War I and the civil wars which led to the encouragement of bearing children. The policy was retraced in 1927 due to its role in increased discrimination against women.

Corporate policies
Information about recent trends in employer-based menstrual leave policies come mainly from media and company reports (King, 2020).

Coexist, a Bristol community interest firm, introduced a "period policy" in order to give women more flexibility and a healthier work environment. Hoping to break down the menstruation taboo, Coexist became the first company in the United Kingdom to implement this policy.

Diva cup, a Canadian company that is based out of Kitchener, Ontario has introduced a company wide paid menstrual leave policy for anyone that menstruates. This policy will provide employees who menstruate with 12 paid days off per year. Employees with severe menstrual pain will no longer have to use their sick days or vacation days for health issues related to menstruation.Divacup became the first company in Canada to implement this policy.

Zomato, a Gurugram-based company introduced a paid leave policy for female employees and transgender people in 2020. Female employees are entitled to 10 days paid leave each year.