Workplace Menstrual Leave: Should HR Consider It?
February 7, 2023
Offering robust parental leave for new parents is considered table stakes these days at any employer of choice. But introduce the idea of period or menstrual leave, and you’ll often hear crickets.
This is despite the fact that about 40% of people who have periods report that their menstrual pain is so severe that they have to miss work or school. Studies have also found that on average, women perceive themself to be about 33% less productive on those days resulting in a mean of 8.9 days of total lost productivity per year due to presenteeism.
As the saying goes, something’s got to give. Enter paid menstrual leave.
What is Menstrual Leave?
Menstrual leave, also known colloquially as a period policy, is a workplace policy that 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 utilize the policy when their period hinders their ability to work—like when they’re in pain from cramps, for instance.
How Does Paid Menstrual Leave Benefit Employees and Employers?
On average, women experience a menstrual cycle, or “period” until age 51. And more than half report having pain around their period. Additionally, female employees with other hormonal disorders like Polycystic Ovarian Syndrome (PCOS) and Endometriosis may experience extreme pain, nausea, heavy or irregular menstruation, blood clots, depression, or constipation during their periods.
These symptoms can majorly hamstring women as they attempt to excel in the workplace—especially as the topic of periods has historically been considered incredibly taboo at work.
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.
Is Menstrual Leave Covered by FMLA?
In the United States, many companies haven’t yet implemented a menstrual leave policy. And many of them point to the Family and Medical Leave Act (FMLA) as the reason why. The FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”
But is FMLA for period cramps a real thing?
Well, the answer is complicated. According to the U.S. Department of Labor, eligible employees are entitled to 12 work weeks of FMLA leave in a 12-month period when that employee is “unable to perform the functions of their job where the health care provider finds that the employee is unable to work at all or is unable to perform any one of the essential functions of the employee’s position, including when an employee must be absent from work to receive medical treatment for a serious health condition.”
As such, period leave, especially relating to conditions like Endometriosis or PCOS, would likely be covered under FMLA, but it’s important to note that FMLA does not have to be paid, which can often lead to employees refusing to take it.
What are the Drawbacks of Period Leave?
One of the main arguments against implementing a menstrual leave policy is that a truly or generous reasonable sick leave policy should easily 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.
So What’s the Consensus?
Offering period leave at your company is really an employer’s choice—but there are major positives that can come from it, perhaps most importantly being considered an empathetic, inclusive business.
Looking for other policies to include in your employee handbook this year? Consider implementing a menopause policy, too.