World’s first ‘menstrual leave’ law sparks major debate online

The law came into force two years ago

In 2023, Spain became the first country in Europe to introduce a paid menstrual leave bill.

Many women can relate that periods can often be debilitating, especially for those who suffer from particular gynaecological conditions such as endometriosis or polycystic ovary syndrome, often referred to as PCOS.

In lots of countries, women are forced to work through the pain or take time off sick.

However, the new bill will permit individuals who experience painful periods to take the first 72 hours off work, with the option to extend this to five days.

All costs are covered by the societal security system, but in order to qualify for the leave, you'll need to obtain a doctor's note.

The new bill was introduced along with several other new measures in Spain, such as allowing anyone 16 and over to get an abortion, schools to provide sanitary products and the ability for young people to be able to change their gender on their ID card.

Spain's equality minister Irene Montero spoke of the law 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."

However, even though the law was passed in 2023, it's still causing debate today.

People online are singing Spain's praises, with one writing: "Imagine getting paid to take care of yourself…yes please," with another adding: "Way to go, Spain. I hope the rest of you are taking notes!"

Others were a bit more critical of the law, though, writing: "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.

"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.

Another wrote: "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."

So it does seem the progressive law has some limitations.

Last year, The Guardian reported that in the year since it was passed, it had been 'used' 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.

However, the final version of the bill does detail that only employees with a diagnosed menstrual condition can get a doctor's note to be eligible for the leave in the first place.