In Friday’s edition of The Atlantic, Emily Matcher’s “Should Paid ‘Menstrual Leave’ Be a Thing?” was shared over 12,000 times.
The article notes that several Asian countries including Taiwan, Japan, South Korea, and Indonesia, offer “menstrual leave” for women endure painful periods. However, Ms. Matcher mentioned that, while many of these laws are “well-intentioned,” many women decline to take leave given the potential embarrassment of having to substantiate the basis for their “menstrual leave” or because they may be viewed as weak.
Katy Waldman, writing at The Slate Blog, says “Thanks, but We Will Pass on Paid Menstrual Leave.” She argues that companies with reasonable sick-leave policies “should be able to accommodate these women without prying into their pants.”
Well, I should hope so.
Most sick-leave policies I’ve seen don’t require a doctor’s note for missing a day or two. And most cities that have enacted paid-sick-leave laws have followed suit and don’t require employees to substantiate calling out sick for a day or two.
But, even without a formal sick-leave policy, while conceding that I have no personal experience with a painful period, I would imagine that, bad menstrual pain could qualify as a “serious health condition,” which would allow an employee to take leave under the Family and Medical Leave Act.
And how about the Americans with Disabilities Act? Even though it is episodic, and temporary, if it interferes with a major life activity, theoretically, bad menstrual pain may qualify as a disability under the ADA. This would trigger the potential obligation for an employer to provide a reasonable accommodation — maybe, time off.
So, I think we have this covered without offering separate “paid menstrual leave.”
But what do you think? Should American employers offer “paid menstrual leave?” Please let me know in the comments below.
If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by becoming a member of The Employer Handbook LinkedIn Group. Tell ’em Meyer sent you.