As of June 1, 2023, women who suffer disabling menstrual pain may request temporary leave.
The measure is included in the new abortion law that comes into force after it was approved in the Congress of Deputies in December 2022.
It also includes recognition of the right to leave for voluntary termination of pregnancy (and, in the same way, the leave from the first day of the thirty-ninth week of gestation). However, the regulation does not establish specific requirements to request sick leave, although, as in any common disease, verification of the situation by the family doctor will be necessary. The main differences of this new law are the following:
It is paid from the first day of the period.
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It is paid directly by Social Security, avoiding possible discrimination because it will not entail an extra expense for companies.
According to Europa Press, it does not establish a specific number of days, although it is assumed that it will be about three days, due to the general durations of the rule.
Keys to sick leave due to disabling menstruation
Always with a medical diagnosis
To request sick leave due to painful menstruation, the woman who needs it must request a prior medical report from her GP; with the official diagnosis as you suffer from one of the pathologies indicated by law, when you have one of those disabling periods, you must make an appointment at your health center, either in person or by phone, and communicate how you are, then the medical specialist may authorize lowers it
If there are no appointments at that time and you cannot contact the doctor, you can notify the company and, when possible, notify the doctor to process the withdrawal with retroactive effect.
As each rule is different and therefore, also the symptoms that accompany it, this process should be carried out every time the woman feels unable to carry out her workday.
Notice of Leave due to menstruation
On the one hand, the woman will notify her company of the situation by presenting the declaration of medical leave and, on the other, the company, as in any case of leave due to common illness or accident outside of work, will have to notify Social Security.
Through the company's RED system, indicating the company's data, the worker's contribution, the code of his national occupation code, age, illness (in this case "temporary disability due to secondary disabling menstruation") and the code of the province of the health center that made the report.
The doctor will also decide the periodicity of the discharge, which will be different for each woman. For this reason, the permits do not have a limit of days or a number of times a year.
There is a special case in which the doctor can recognize the annual leave. In this exception, the woman with the disabling period should not visit the doctor every period and she will not go to work every 28 days, what she must present is her part of the annual menstrual leave before January 30 of each year.
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How is the contribution and remuneration?
This is one of the main differences with respect to other sick leave and it is that a minimum contribution period will not be necessary, only that the woman is registered by Social Security.
And two more news to keep in mind:
The subsidy will begin to be collected from the first day of leave, as established in article 169.
The leave will be paid in full from the first day by Social Security, so the company will not have to assume any day.
Although the rule does not specify the amount of benefit, the same pattern will be followed as in any other common disease: 60% of salary will begin.
As of the 21st, the remuneration will be 75%.
Who can ask for it?
The procedure to take advantage of this type of menstrual leave is simple: the worker must go to her family doctor and ask for it due to painful menstruation . The problem here lies in the complicated protocols of what a painful menstruation is, since it is a highly subjective thing that, on occasions, doctors tend to relativize, unless there are cases of endometriosis, polycystic ovaries or similar.
The law does not establish a specific number of days, although it is assumed that they will last about three days. According to government sources, it is not normal pain, but is accompanied by other symptoms such as fever or diarrhea. In other words, a disabling menstruation would be due to dysmenorrhea generated "by a previously diagnosed pathology".
Typically, women will present a medical history so that the doctor can decide if the pain is disabling and how many days of sick leave will be needed for it. You can also grant a permit with annual validity that must be renewed before the last day of each year.
According to data from the Ministry of Equality, there are around 6,000 temporary disabilities a year due to dysmenorrhea or abdominal tension caused by menstruation.
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