Workers have the right to request sick leave when their health does not allow them to carry out their work normally. The so-called temporary disability is the benefit that covers the loss of income while the employee cannot work and receives assistance from Social Security.
This month of June, three new situations will come into force for which you can request leave. One of them is from suffering a painful menstruation. The sick leave due to painful menstruation is the right to temporary disability due to painful periods that incapacitate a woman to carry out her work.
Organic Law 1/2023, of February 28, which modifies Organic Law 2/2010, of March 3, on sexual and reproductive health and the voluntary interruption of pregnancy, includes this novelty. Although at the national level it is something new, in some communities there is already this sick leave due to disabling menstruation. In Girona, Castellón or Sabadell this rule already existed, although with some differences from the one promoted by the Ministry of Equality.
Who can request withdrawal
According to the Official State Gazette, the special situation of temporary disability will be recognized when a woman suffers «a case of disabling secondary menstruation or secondary dysmenorrhea associated with pathologies such as endometriosis, fibroids, pelvic inflammatory disease, adenomyosis, endometrial polyps, polycystic ovaries, or difficulty in the flow of menstrual blood of any type, which may imply symptoms such as dyspareunia, dysuria, infertility, or heavier than normal bleeding, among others.
Dysmenorrhea in many cases causes women severe pain, vomiting, dizziness, diarrhea or heavy bleeding. For this reason, with this novelty, the aim is to give an adequate regulation to this pathological situation and put an end to “any type of negative bias in the workplace”.
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How to request discharge for painful rules
To request this leave from work, the woman who suffers a painful menstruation and feels incapable of fulfilling her work duties, must go to her Social Security family doctor and request leave as she would with any other common illness:
– The doctor will determine if the leave is for a few hours of the working day or for several days, it will depend on what the patient needs. In addition, the doctor will go to the woman’s medical history in search of previous painful menstrual symptoms, and thus be able to request the discharge easily. In these cases, the health worker may grant a permit for disabling menstruation with annual validity. It must be renewed before the last day of each year, and presented to the company before January 30 of the following year.
– The woman who requests the leave may receive the benefit from the first day, unlike other common contingencies. The amount of the benefit is yet to be defined, but the usual is 60% of the regulatory base.
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