Khushboo Malhotra

In a European first, Spain has passed a new law allowing those with painful periods to take paid “menstrual leave” from work.

Spanish Parliament approved the legislation on February 16th, allowing anyone over 16 to change their legally registered gender, easing abortion limits for those aged 16 and 17, and making Spain the first country in Europe to entitle workers to paid menstrual leave.

In a statement, the Spanish Congress said the new bill creates the possibility for people to call in sick, “in case of incapacitating menstruation”.

Irene Montero, Spanish Equality Minister and outspoken feminist in the leftwing government, celebrated the momentous victory for women’s reproductive health, tweeting: “Today is a historic day of progress in feminist rights: the new Abortion Law and the Trans Law and LGTBI rights are going to be a law”.

The “menstrual leave” law states the right to a “three-day medically supervised leave, with the ability to extend to five, for those with debilitating periods causing severe pains, cramps, nausea, dizziness and vomiting that some women suffer every cycle”.

The leave requires a doctor’s note, and the public social security system will foot the bill. The law, which passed by 185 votes in favour to 154 with three abstentions, aims to combat the stereotypes and myths surrounding menstruation.

An extensive left-wing coalition supported the bill, including the Socialist Party, far-left Podemos and two pro-Catalan independence parties. The conservative Popular Party and far-right Vox voted against the measure, warning it could stigmatise women in the workplace and favour the recruitment of men.

Even though period pain, medically recognised as dysmenorrhoea, is a common condition, every menstruating individual feels the pain to varying degrees. More than half experience pain for one or two days every month. For some, the pain is so debilitating that they cannot perform routine activities for several days, which can significantly impact both their professional and personal lives.

The “menstrual leave” law is part of Spain’s extensive new legislation introducing changes to sexual and reproductive rights.

According to the legislation, 16 and 17-year-olds in Spain can now undergo an abortion without parental consent. It also aims to facilitate abortion access in public hospitals, and also includes the free provision of menstrual products in schools and prisons. State-run health centres will also now provide free hormonal contraceptives and the morning-after pill.

The abortion law builds on legislation passed in 2010 that represented a major shift for the traditionally Catholic country; transforming Spain into one of the most progressive countries in Europe for sexual health and reproductive rights.

A separate package of reforms strengthened transgender rights, allowing any citizen over 16 years old to change their legally registered gender without medical supervision. The law also bans conversion therapy for LGBTQ+ people and provides state support for lesbians and single women seeking IVF treatment.

“Periods will no longer be taboo”, Montero said, after the cabinet initially approved the law in May 2022.
“Without such rights, women are not full citizens,” Montero told parliament. “There will be resistance to its application, just as there has been, and there will be resistance to the application of all feminist laws. So we have to work […] to guarantee that when this law enters into force, it will be enforced”, she added.
As Spain leads the way for reform in Europe, this move follows only a few countries across Africa and Asia that already have laws in place to grant menstrual leave, including Japan, Indonesia, South Korea, Zambia, Taiwan, and Vietnam. However, there are currently no federal policies in the United States and the United Kingdom that entitle workers to menstrual leave.

Image courtesy of Natracare on Unsplash. Image license found here. No changes have been made to this image.

Khushboo is a Twitter Editor at Empoword Journalism. She is an Award-nominated lifestyle and pop culture journalist, writer, and budding entrepreneur aiming to break down the boundaries of cultural stigma and shame attached to mental health and sexual health and bring marginalised topics to light. Send your stories, tips, and press announcements to khushboomalhotrafreelance@gmail.com

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