Women would have work permits for menstruation, cramps or incapacitating endometriosis with labor reform

The labor reform filed last August 24 presented a series of important changes that are very different from the last labor reform that was rejected by Congress.

Among the 92 articles of the labor reform, there are several changes that have been a source of controversy, one of which are the work permits that are being discussed and, according to the Ministry of Labor, “seek to provide greater flexibility in their work and personal activities to employees”.

You may read: Now men will also receive the vaccine against the Human Papilloma Virus in Colombia

However, one of these changes has been discussed a year ago, when the representatives to the House of Representatives, Pedro Suarez and Maria Fernanda Carrascal, presented a bill to create menstrual leave in Colombia.

In our country there are many women who have to report to work despite suffering really painful symptoms every month.

Today the labor reform bill includes menstrual leave as one of the work permits that could be granted.

If the labor reform is approved, the leave could be granted to working women who suffer from disabling menstrual cycles, cramps, diagnosed endometriosis or dysmenorrhea.

According to the bill, women with these conditions must present a medical certificate proving their diagnosis. The employer must pay for the days of incapacity.

If the bill moves forward and is approved throughout the legislative process, this measure would be an achievement for all women in Colombia.

The pro’s of menstruation work leaves

Among the positive points that stand out of the measure to grant work permits for menstruation, proposed by the labor reform are:

• Paid days: These days will not be deducted from her payroll.
• Power of decision: The woman will be able to decide if she wants to take the day of leave, if she does not really present incapacitating pain she can decide not to ask for the day.
• Gender equity: Addresses gender inequality by recognizing the specific needs of menstruating individuals. This promotes a more equitable workplace environment.
• Improved physical and mental health: Provides individuals with the opportunity to take better care of their health during the menstrual period, which can help reduce stress and improve their overall well-being.
• Increased productivity: Allowing menstruating women and menstruating individuals the necessary rest can increase long-term productivity by reducing absenteeism due to unattended menstrual problems.
• Reduced stigmatization: Officially recognizing the needs of menstruating individuals helps to destigmatize menstruation in society.

The downsides of menstrual leave from work

On the other hand, among the negative points of menstrual leave, the following stand out:

• Labor gap: Voices against the measure point out that companies will stop hiring women for paying leaves that they did not pay with men, which could further widen the already existing labor gap.
• Additional costs: Companies may see the implementation of menstrual leave as an additional cost, especially if a full daily wage is provided during leave time.
• Potential for abuse: There is concern that some people may abuse menstrual leave, which could lead to management problems in the workplace, however the labor reform specifies that leave will be granted when there is a medical diagnosis.

• Legal and administrative complexities: implementing menstrual leave could require changes in labor policies and legal regulations, which can be a complicated and costly process.
• Mass layoffs: Mass layoffs of women is one of the biggest concerns for society, so the labor reform will have to regulate everything related to layoff policies in companies.

You may also read: Overtime in Colombia: authorization now has to be renewed every six months

Menstrual leave from work

Menstruation in some women can become unbearable in the first days, so rest is of vital importance to treat symptoms such as abdominal cramps, lower back pain, headache and fatigue, among others.

Faced with this medical situation, in countries such as Indonesia women receive two days of menstrual leave per month, in Zambia they are entitled to one day of their menstrual cycle off each month and in Taiwan they have three days of leave per month.

In the Colombian case, on April 19 of last year, Dr. Lina Céspedes Báez, a professor at the Faculty of Jurisprudence of the Universidad del Rosario, expressed her concern about the controversies generated by menstrual leave. At that time she was talking about menstrual leave.

Dr. Céspedes believes that, in the face of criticisms such as “menstrual leave could contribute to strengthen gender stereotypes and reinforce the perception that women are costly for companies and that they have a greater propensity to work absenteeism”, it is essential to address each of these issues in a serious manner.

She believes that it is necessary to define precisely who will be responsible for covering the costs associated with menstrual leave. In addition, she emphasized that the Ministry of Labor must play a crucial role, not only in the supervision and control of this measure, but also in ensuring that menstrual leave does not become a tool of discrimination against a specific group of the population, such as women.

Other work leaves included in the reform

1. Medical leave: In addition to scheduled medical appointments, emergency health situations that may arise will be contemplated.

2. Educational responsibilities: Employees will be able to attend to the educational responsibilities of their children or dependents.

3. Legal and judicial matters: Employees will be allowed the time necessary to attend to judicial, administrative, medical or legal matters, especially in cases of gender violence.

4. Agreed flexibility: Workers will be able to establish bilateral agreements with their employers to carry out specific tasks, thus promoting flexibility and effective communication.

5. Exercise of the right to vote: The fundamental right of workers to participate in democratic processes will be guaranteed, providing them with the necessary permission to exercise their vote in elections.

6. Temporary positions: Employees selected for temporary official positions will be given the time required to assume their responsibilities.

7. Unexpected personal circumstances: In cases of personal or family events, or force majeure situations that interfere with normal work performance, employees will be allowed temporary absences.

1. Union committees: The reform recognizes the importance of union participation and ensures the necessary time for workers to fulfill their responsibilities in union committees related to the organization.

Keep reading: IKEA, the famous furniture brand, will participate in the Home Fair 2023