Is period leave necessary?

It’s worth noting that this isn’t yet official Green Party policy and that the party would need to win an election before implementing any policies. But it has put the topic in the spotlight and got people talking about menstruation at work. 

 

 

Some think it is a good idea to adjust for the challenges many women face, acknowledging the biological reality of periods and their impact. Others have suggested it could work against women, making businesses wary to employ them due to the cost of extra leave. Some have pointed out potential resentment from employees who feel they are picking up the slack. 

 

There may also be issues around whether, and how, employers could ensure the leave was only used for menstruation. Some women feel uncomfortable with the idea of their workplace having in-depth knowledge of their cycle, while those with inconsistent periods may feel pressure to explain why their leave varies in timing or duration month-to-month. 

 

Others have pointed out that political parties might be better to encourage and fund research into treatment for the conditions that cause particularly painful or heavy periods. 

 

 

Many of the conditions which could give rise to additional leave may already be covered by the Equality Act 2010. A disability is a long-term impairment that significantly affects day-to-day activities, and it’s easy to see how the symptoms could make normal activities difficult or even impossible. For example, symptoms of endometriosis and adenomyosis (which are closely related conditions) can include: 

 

 

Employees have successfully claimed disability discrimination based on conditions that cause heavy, painful periods (Ms C Douglas v The Clancy Group of Companies [2021] ; Miss D Gare v Oakdale Care Homes No.2 Limited [2023]). 

 

While it can take years to diagnose (as several tests are needed to rule out conditions with similar symptoms), a diagnosis is not necessary to show a disability. The symptoms and impact are what decides if it is a disability. So, sufferers can ask for support and adjustments while awaiting diagnosis. (In contrast, the suggested policy of period leave would need a doctor's note confirming the diagnosis of certain conditions). 

 

Another cause of heavy periods can be the menopause, something all women will experience (to different degrees) at some point. Employees have successfully sued for age, sex and disability discrimination based on treatment during menopause, so employers should be aware of the risk of discrimination. 

 

What about women whose heavy periods aren’t related to a disability or menopause? Some have suggested that, if periods are heavy and painful enough to require time off work, this is a sign of a bigger problem. Instead of encouraging women to accept this as normal and adjust their lives, we should encourage the medical field to take period pain more seriously. (According to Endometriosis UK report “Dismissed, ignored and belittled” almost half of women with endometriosis had visited their GP ten times or more with symptoms before being diagnosed, and 78% had experienced one or more doctors making comments to the effect that they were making a ‘fuss about nothing’.) There’s a risk that extra leave could reaffirm the idea that periods are meant to be painful and impact your daily life, discouraging women from seeking help. 

 

Of course, menstruation is also a result of being biologically female. It is possible that unfavourable treatment relating to menstruation could be sex discrimination, but there have been no cases to test this. The Equality Act 2010 allows for special treatment of women in connection with pregnancy and childbirth, setting out that favourable treatment (such as maternity leave or additional sick leave) does not constitute discrimination against men. This section does not include a similar exemption for menstruation. This doesn’t necessarily mean you can’t take menstruation into account, but that you would need to justify any policy as proportionate to a legitimate aim. This area is surprisingly uncertain, so it’s sensible to seek legal advice. 

 

 

Where a condition is a disability, you must make reasonable adjustments to help reduce the impact of the disability on the employee’s work. 

 

What is reasonable will vary depending upon the role and the impact of the disability. When making reasonable adjustments, employers can balance the impact against the cost, practicality and impact on others’ health and safety. Employers can refuse adjustments that aren’t reasonable but should consider alternatives. 

 

Additional time-off could be a valuable adjustment, but it isn’t the only one. Employees may also benefit from: 

 

 

Some women may find these adjustments equally, or even more helpful, than additional leave. If so, it also benefits employers to help women be productive during their periods, rather than simply write off more time. 

 

There’s a risk that, if required in law, the availability of period leave could cause some reluctance to request or grant other adjustments. It may be difficult to justify investing time or resources into better facilities or the infrastructure to work from home, when women could just take time off. 

 

 

As we said, this is still suggested policy and would only stand a chance of becoming law if the Green Party won an election. There is the chance that other parties might be inspired and introduce their own policies, while refining some of the issues. But for now it is nowhere near becoming law. 

 

It is, however, an issue that employees are talking about and so it is important employers are thinking about it. From a legal perspective, ignoring menstruation could create claims for disability discrimination, or potentially age or sex discrimination.