Should I offer menstrual leave?

Menstrual leave has been a topic of debate for quite some time, but has recently seen some significant changes after the statutory right to menstrual leave was introduced in Spain. The question has been asked, when and if menstrual leave will become a law introduced in the UK. Therefore, employers may wish to start considering whether a menstrual leave policy is something they feel they would like to implement in their organisation.

However, as there is currently no UK law that enforces a statutory right of menstrual leave for employees, this means that any leave given by employers in relation to menstruation is entirely discretionary. As of yet, menstrual leave is not commonly implemented by employers in the UK.

What is menstrual leave?

Menstrual leave is a type of leave that allows an employee to take paid or unpaid leave from work or to work remotely if their ability to work is affected by menstruation. Currently, an employee who is unfit for work due to menstruation can call in sick and take the time as sickness absence, as there is no appropriate leave available as an alternative.

Is menstrual leave necessary?

Many women experience extreme pain and other symptoms during menstruation. Additionally, there are several conditions that increase the negative symptoms associated with menstruation, including but limited to polycystic ovarian syndrome, endometriosis and fibroids.

For some women, the pain they experience during menstruation is debilitating, subsequently making them unfit for work. This may cause their performance at work to be negatively affected, which is where menstrual leave may be considered by employers. Although it is not enforced by law to allow menstrual leave, there is nothing to say that an employer cannot provide employees who are suffering during menstruation with the additional support of leave.

Is menstruation a disability?

It is common for employers dealing with health conditions to consider whether this condition is a disability. According to the Equality Act 2010, someone will be disabled if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. Therefore, an employee would have to show that their menstruation pain had a substantial long-term effect on their day to day life if they were able to say it was a disability.

Although the employment tribunal is yet to deal with this issue further, similar symptoms caused by menopause were deemed to be a disability, which leaves the question as to whether the same symptoms would class menstruation as a disability.

What are the benefits of providing menstrual leave?

As an employer, implementing a menstrual leave policy may be something completely new and may leave you with concerns. However, there are several benefits that a menstrual leave policy may provide, including the following:

·improved health and well-being of those menstruating, particularly those with illnesses related to the menstrual cycle;

• reduced stigma around the topic of the menstrual cycle;

• enable employees to feel more comfortable discussing their menstrual cycle in the workplace;

• employees who menstruate may have sufficient time off to rest, which may improve morale and productivity at work as a result; and

• improved retention rates.

Are there any drawbacks of providing menstrual leave?

A menstrual leave policy may not be suitable for every company and can have its disadvantages, including the following:

• there could be a potential risk of workplace discrimination, that those who menstruate are less capable at their job;

• there could be privacy issues;

• permitting this leave may be expensive; and

• it may be difficult to track the amount of remaining leave entitlement an employee has throughout the year.

What can I do as an employer?

If you feel that a menstrual leave policy is something you would like to implement in your organisation, you must ensure that the policy is clear. It is important to consider any procedures and practical issues such as:

• Establishing the Company’s right to reject leave requests;
• Setting out any applicable procedures for employees requesting leave;
• Setting out any limits on how much leave can be taken at any one time, if applicable; and
• Establish how an potential competing request between employees will be handled.

If a menstrual leave policy is something that you feel would be beneficial to your organisation, our document audit team can draft a compliant menstrual leave policy for you. Contact our Employment Law Team today by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.