Spain could become the first country in Europe to introduce menstrual leave for women with painful periods. If in France some women say they are in favor of this measure, others point to the risks of discrimination it could induce.

• Read also: This company offers monthly leave for menstrual pain

"The day before my period, or the first two days, it happens to me to be in so much pain that getting out of bed is real torture," says Angélique, who wishes to keep her last name secret, 28, an employee in the social sector.

“Sometimes I leave earlier (from the office), when I feel that I will not be able to bear the pain,” she told AFP. “Besides, my periods are super heavy, I have to go to the bathroom every hour, otherwise my jeans get stained.”

More tired, less productive because of her pain "which sometimes radiates into (her) legs or (her) back", she says she is in favor of the implementation of menstrual leave, in order to ensure "not to lose salary".

68% of French women would be in favor of the creation of menstrual leave, and even 78% among 15-19 year olds, according to a study by the Ifop polling institute, carried out in March 2021 among 1,009 women aged 15 to 49 years.

" Go home "

However, for the French association Osez le féminisme, this leave is a “false good idea”. "This can relieve people who suffer from annoying pain, and make endometriosis visible, which was until recently hidden", assures AFP Fabienne El-Khoury, public health researcher and spokesperson for the association.

But "by this unique solution, we say to women 'ok, go home, suffer at home'", she believes. "We do not make the necessary effort to treat the underlying diseases that cause this pain", and the diagnosis of endometriosis is often late, for lack of "resources allocated to research".

For the moment, a handful of companies have implemented menstrual leave in France, via company agreements or unilateral decisions, even in the absence of law. The system has already been introduced in several countries around the world, such as in Japan, where this leave has been enshrined in law since 1947.

For Caroline Mouriquand, labor lawyer at Bird

Confidential medical information

This “can pose problems in terms of gender equality”, with employees not concerned who could feel “aggrieved”, adds Jean-Marc Morel, associate human resources expert at RSM.

“And who pays? asks Mr. Morel. “Special sick leave measures due to COVID-19, for example, were put in place by the State, and therefore paid for by the Sécu” (French Social Security). However, in the case of a company agreement, the paid menstrual leave to the employee and her replacement on the job are the responsibility of the employer, in the absence of law.

The measure is "counter-productive", for Me Caroline Mouriquand: "A woman suffering from painful periods or endometriosis is generally followed, and can therefore already benefit from sick leave" on which the reasons for her absence are not indicated, "which makes it possible to protect medical secrecy", although a waiting period applies in the case of sick leave.

"The employer does not have to know that the stop is linked to the status of woman of the employee", she adds, in order to avoid any stigmatization "from colleagues or human resources services".

Fabienne El-Khoury, also worried about the medical secrecy of employees, imagines the early announcement of an employee's pregnancy: "If all of a sudden, she no longer takes her menstrual leave, because she is pregnant, she would be forced to announce it" against his will.

For its part, "to protect women in this situation, without stigmatizing them or breaking medical secrecy", the CGT, one of the country's main employee unions, "does not claim the right to specific leave, but quite simply asks for the end of existing waiting days”.