World's first 'menstrual leave' law sparks major debate

People have been debating the world's first menstrual leave, which came into force back in 2023.

Two years ago, Spain became the first country in Europe to introduce a paid menstrual leave bill.

For many, painful periods can be debilitating, especially for those suffering from certain gynaecological conditions such as endometriosis and polycystic ovary syndrome (PCOS).

In most countries, staff are forced to either work through the pain or take time off sick.

The new bill allows those suffering from painful periods to stay off work for the first 72 hours, with the possibility of extending this to five days if needed.

In order to qualify for the leave, a doctor's note is needed, and all costs are covered by the social security system.

The law was passed in 2023 (Getty Stock Photo)

The law was introduced as part of a package of new measures in Spain, including allowing anyone 16 and over to get an abortion, schools to provide sanitary products and for young people to be able to change their gender on their ID card.

Addressing the passing of this law, Spain's equality minister Irene Montero said at the time: "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."

Despite the law being passed in 2023, it's still causing debate now.

In a recent post on Instagram, people were quick to praise Spain for the move, with one writing: "Imagine getting paid to take care of yourself…yes pleaseee."

While another said: "Way to go SPAIN. I hope the rest of you are taking notes!"

And a third added: "Every country should normalize this. Period."

Painful periods can be debilitating (Getty Stock Photo)

Others were objective to the law though, with one admitting they were 'unsure'.

"I’m a bit unsure about this policy. My concern is that, even though the idea is to support women, it could unintentionally create disadvantages in the job market," they wrote.

"For example, if companies know that female employees may take additional paid leave every month, some employers might prefer hiring men to avoid potential extra costs. This could make it harder for women to get hired or promoted, even if they’re fully qualified."

And another added: "It's nice in theory, I personally know women who dealt with painful cramps and such, I'm just thinking this will just be used to justify not promoting women advancing from the bottom to higher positions.

"If a small business owner has two employees: one who will be much more likely to work the whole month, and another who for a certain part of the month will be likely to take paid leave, I'd wager the owner will advance the more productive one since they'll be more reliable."

People were divided on the new law (Getty Stock Photo)

Despite the progress, there are limitations to the law.

In 2024, The Guardian reported that in the year since it was passed, it had been taken 1,559 times.

“As can be seen from the data, there has not been an avalanche of this type of temporary incapacity and its use has stabilised month by month since its implementation,” the Ministry of Inclusion, Social Security and Migration said.

Meanwhile, in the final version of the bill, only employees with a diagnosed menstrual condition could get a doctor's note to be eligible for leave.

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