While the role of the employer in supporting employees experiencing the menopause has become a key area of discussion, the issue of painful periods remains taboo in the workplace, and is yet to receive the same level attention or consideration.
Menstrual symptoms can impact women severely as they attempt to perform and excel in the workplace. In practice, employees may simply grin and bear the pain and discomfort, or when their symptoms are severe, they may call in sick and take the time as sick leave. But this becomes an issue if the employee experiences painful period symptoms with every cycle, potentially triggering the organisation’s sickness absence intervention procedure.
In light of this issue, many employers are now considering introducing menstruation leave and a so-called ‘period policy’ so as to nurture a more empathetic and inclusive workplace culture.
Common menstruation symptoms
Period symptoms will differ from one person to the next and some may experience more pain and discomfort than others. Common symptoms include:
- stomach cramps
- aches in hips, back, and thighs
- headaches and migraines
- dizziness
- constipation
- diarrhoea
While not everyone experiences debilitating periods, if your employee’s symptoms are severe, it may seriously affect their performance at work or leave them unable to work at all.
Knowing how to support those who do suffer will help you improve staff wellbeing and reduce absences in your workplace.
Can employees take time off work for painful periods?
Painful periods are not dealt with specifically by law in the UK, and there is no right to menstrual leave in the UK. This means employers are not required by statute to allow workers to take time off when they are suffering painful menstrual symptoms. It remains at the employer’s discretion to offer this kind of leave, either on a paid or unpaid basis.
However, employees facing extreme menstrual pain or other related issues and as a result are unfit for work, they should take sick leave. You cannot refuse sick leave if your employee asks for it.
Is time off for period pains covered by Statutory Sick Pay (SSP)?
Unfortunately, Statutory Sick Pay (SSP) is not provided for the initial 3 days of absence. This means that most people who need to take time off because of their periods, likely would not be absent for more than 3 days. Therefore, if their employer does not provide contractual sick pay, the employee will not receive any income during their off time. If sick leave is required regularly, this could result in substantial financial loss.
Workers who regularly take time off for painful periods
If a worker is rgularly taking time off due to their menstrual cycle, this can be disruptive for the organisation and place additional pressure on other team members.
It is also possible that staff taking time off due to menstrual health issues could exceed sickness attendance thresholds. An indirect gender discrimination lawsuit could result if the employer is aware of the employee’s reason for absence. It is common also for employees to feel hesitant to discuss their periods with their supervisors. This may be associated with their fertility and/or menopause and could affect other categories of workers who menstruate but do not consider themselves women. Additionally, some could be concerned that asking for time off for menstrual health purposes might make them seem vulnerable or incapable.
Taking a supportive approach can help to acknowledges their circumstances and identify how the organisation can help. This could include flexible working arrangement or excluding period-related absence form their sickness absence record to avoid triggering disciplinary action.
Failure to offer support can result in grievances and potentially tribunal claims for discrimination
Should you introduce menstruation leave?
Menstrual leave, allows employees who experience periods to take time off work during that time in their cycle. It is often given in addition to standard sick leave. Generally, it is understood that employees will only utilise the policy when their period hinders their ability to work—like when they’re in pain from cramps, for instance.
Employers are advised to introduce a period policy for their organisation to help managers provide appropriate support and to help destigmatise periods in the workplace. If you decide to introduce menstrual leave, this should be detailed in the period policy.
While the Spanish Government legislated easier this year to allow menstrual leave, in the UK, there appear to be no plans to introduce any kind of period-related employment right for workers.
Allowing employees to take sick leave because of period pain can help them seek the help they need, increase productivity, and boost morale. Plus, companies with menstrual leave are often seen as more supportive employers, leading to increased retention.
One of the main arguments against implementing a menstrual leave policy is that a generous reasonable sick leave policy should cover the days that women need off for both sickness and their periods.
Other arguments against letting employees take sick leave for menstrual issues usually include that it’s not equitable for men or that it could be abused.
The questions of whether to introduce menstrual leave remains therefore for each employer to consider and determine in light of their own cultural and workforce objectives.
Need Assistance?
For expert advice, contact our HR and employment law specialists.
Menstruation Leave FAQs
What is menstruation leave?
Menstruation leave refers to a workplace policy that allows employees to take time off during their menstrual cycle without using sick leave or facing any negative consequences.
Is menstruation leave a legal requirement in the UK?
As of now, menstruation leave is not a legal requirement in the UK. However, employers may choose to implement their own policies to support employees who experience severe symptoms during their menstrual cycle.
How can UK employers implement a menstruation leave policy?
Employers can start by developing a clear policy that outlines eligibility, the amount of leave allowed, and the procedure for requesting it. It’s important to ensure the policy is communicated effectively and included in employee handbooks.
Does offering menstruation leave create legal risks for employers?
While there is no specific legal requirement for menstruation leave, employers should be mindful of existing UK employment laws, such as those related to discrimination and equality. Providing fair and equal access to all employees is crucial.
How many days of menstruation leave should be offered?
There is no set number of days that should be offered, as this may vary depending on the needs of the employee and the nature of the business. Employers can consider offering a few days per month or allowing employees to take leave as needed.
Can menstruation leave be combined with other types of leave?
Employers may choose to allow menstruation leave to be taken in conjunction with other types of leave, such as sick leave or personal leave, depending on the specific circumstances and the company’s policy.
How can employers ensure that menstruation leave is not misused?
Clear guidelines and communication are key. Employers can implement a system where employees are required to notify their manager or HR when taking menstruation leave. Trust and open dialogue can help ensure the policy is used appropriately.
What other support can employers offer besides menstruation leave?
Employers can provide flexible working hours, remote work options, access to healthcare resources, and an inclusive workplace culture that supports employees’ overall well-being.
Is menstruation leave only for women?
Menstruation leave is intended for individuals who experience menstruation. It’s important for employers to be inclusive and consider the needs of all employees, including transgender and non-binary individuals who may also experience menstruation.
Glossary
| Term | Definition |
|---|---|
| Menstruation Leave | A workplace policy allowing employees to take time off during their menstrual cycle without using sick leave. |
| UK Employment Law | The body of laws governing employment practices in the United Kingdom, including rights and obligations of employers and employees. |
| Sick Leave | Paid or unpaid leave granted to an employee who is unable to work due to illness or injury. |
| Reasonable Adjustments | Modifications or changes made by an employer to support employees with disabilities or health conditions in the workplace. |
| Gender Equality | The state of equal access to resources and opportunities regardless of gender, including in the workplace. |
| HR (Human Resources) | The department within a business responsible for managing employee relations, benefits, recruitment, and compliance with employment law. |
| Flexible Working Arrangements | Work schedules that allow employees flexibility in how and when they complete their work, such as flexible hours or remote work. |
| Employee Well-being | The overall health, happiness, and satisfaction of an employee, including physical, mental, and emotional aspects. |
| Inclusion | Creating a work environment where all individuals, regardless of background, feel valued and have equal opportunities. |
| Discrimination | Unfair treatment of individuals based on characteristics such as gender, race, age, or disability. |
| Policy | A formal set of guidelines or rules that govern actions within an organisation, such as a menstruation leave policy. |
| Transgender | A person whose gender identity differs from the sex they were assigned at birth. |
| Non-binary | A gender identity that does not fit within the traditional categories of male or female. |
| Stigma | Negative attitudes or beliefs that lead to discrimination or exclusion, often related to topics considered taboo, such as menstruation. |
| Employee Handbook | A document provided to employees that outlines company policies, procedures, and expectations. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
