Calls grow louder for SA to join international community in granting women menstrual leave

A file picture of a demonstration along the streets of Pretoria last year calling on the government to take urgent action to completely eradicate period poverty and enshrine menstrual rights into South African law. Picture: Oupa Mokoena/African News Agency (ANA)

A file picture of a demonstration along the streets of Pretoria last year calling on the government to take urgent action to completely eradicate period poverty and enshrine menstrual rights into South African law. Picture: Oupa Mokoena/African News Agency (ANA)

Published Apr 21, 2023

Share

Pretoria - Pleas have been growing louder for South African companies to join the international community in granting women menstrual leave.

As of February 16, the Spanish parliament joined a handful of countries, such as Japan, Indonesia, Taiwan and Vietnam, which approved legislation entitling the relevant workers, who have medical approval, to menstrual leave.

The decision by Spain meant that the country became the first European country to join the list of a few other countries that legally recognise menstrual leave in some form or way.

In the Spanish context, the state's social security system will be responsible for funding the leave entitlement.

In Africa, Zambia was at the forefront of this trend, becoming the first African country to implement such a policy in 2017.

According to Zambian law, all women workers were entitled to a day’s menstrual leave each month without the need for a medical certificate or explanation to the employer.

While in South Africa, there have been no indications that the consideration or possibility of such legislation being implemented by the government.

Employment law experts claim such benefits may be attractive for employers who are looking to position themselves as employers that recognise and appreciate diversity and inclusion in the workplace.

Senior employment law Associate at Cliffe Dekker Hofmeyr, Leila Moosa, said with the emphasis on diversity and inclusion in workplaces gaining and increasing momentum globally, some employers have already elected to provide their employees with the benefit of menstrual and menopause leave even in jurisdictions where employees may not be legally entitled to these benefits.

One such company is Unilever, which already has a Menstrual Leave Policy in place for its companies in North Africa and the Middle East, which allows women to take a day's paid leave if women are experiencing pain or complications during their monthly cycle.

The company website further details that in the United Kingdom, the company's Fertility Policy also accommodated attendance at medical appointments and treatments for all assisted conceptions, including surrogacy.

‘’While the South African government and the labour environment have yet to consider the implementation of menstrual leave or leave entitlements aligned with physiological fluxes such as menopause, the introduction of menstrual leave is a welcome and progressive enhancement of workplace accommodations that recognise forms of temporary incapacity, due to biological processes, such as dysmenorrhea that affect women.’’

‘’This advances gender equality and normalises menstruation in the workplace and the effects it may have on women,’’ Moosa explained.

Social media users have also weighed in on the possibility of menstrual leave, with some claiming such a move would only further disadvantage women in the workplace.

‘’Nah. I get horrible period pains, but this menstrual leave nonsense will just make it harder for women to get employment,’’ wrote Lu Japhta.

Sinu Joseph also tweeted: ‘’An important subtle reason for providing menstrual leave has to do with the way a menstruating woman is affected by those around her, and also how she unknowingly impacts whoever comes in contact with her.’’

"But this menstrual leave story is taking us 30 steps back. Can you imagine someone not being able to go and seal a killer financial transaction or deal because they are on menstrual leave? And we now have to ask a man to step in ai," tweeted user @mmalenyalo.

Pretoria News