Since 2023, Spain has decided to change the rules… about periods. The country now recognises incapacitating menstruation as a specific form of temporary incapacity for work. This measure obviously does not concern all women, but those whose menstrual cycles can be painful enough to prevent them from working normally. Spain has therefore chosen to provide a tailored response for those who genuinely need it.
Behind the measure lies a fairly simple and rather modern idea: adapting work, when necessary, to the realities of life. Taking better account of employees’ health can also help them return to work in better conditions, reduce presenteeism and turn flexibility into a genuine management tool.
Different periods, different needs. Contrary to what the expression “menstrual leave” might suggest, this is not an extra day off granted every month to all female employees in Spain. “Secondary incapacitating menstruation” is treated as a specific situation of temporary incapacity for work. In practice, the leave must be medically certified and its duration depends on the patient’s individual situation. There is no monthly quota or predefined schedule. Spanish Social Security then provides compensation from the first day of leave, with no waiting period.
Will France change the rules too? In France, there is currently no nationwide statutory menstrual leave. Some companies and local authorities have nevertheless tested their own arrangements, with varying approaches: specific days of absence, workplace adjustments or measures aimed in particular at employees suffering from endometriosis. There is not necessarily any need to revolutionise the workplace. Remote working where possible, adjusted hours, attentive management or specific support measures can already make a real difference.
Spain therefore offers less of a model to simply copy and paste than a useful avenue for reflection for French employers. Because behind the question of menstrual leave lies a broader issue: how can greater flexibility be offered at the right time to those who need it?A small, temporary adjustment for the company can potentially make a real difference in terms of wellbeing, employee retention and quality of working life. And in that respect, Spain is already a few steps ahead. Olé.
Some rules deserve a little flexibility. ærige is here to support you.
