As of next June, temporary disability due to disabling menstruation comes into force, which entails a new subsidy promoted by the Ministry of Equality, currently led by Irene Montero. Because it is the first time it has been launched in Spain, there is no doubt that many questions are raised. In the first place, what does sick leave consist of as a painful rule? who will bear the cost?what will be the requirements?, how long will it last?, how to request it?, and from when will it be charged?
Well, to answer all these questions, the first thing to know is that the allowance for painful menstruation is collected Organic Law 1/2023, of February 28which modifies Organic Law 2/2010, of March 3, on sexual and reproductive health and the voluntary interruption of pregnancy.
Among the novelties that this mechanism contemplates, recently published in the BOE, highlights the fact that it will allow women who suffer from secondary dysmenorrhea ask for the three day sick leave duration under medical supervision and, in some cases, with the capacity to extend up to five days.
Who will pay the disabling menstruation subsidy?
Social Security will be the one who fully assumes the cost sick leave due to painful menstruation from the first day. Unlike other types of leave due to common illness, where the company pays the amount of the leave until the 15th, in this particular case, Social Security will pay the expense. In any case, employers will not have to bear the cost of the contributions for the loss of menstruation.
Another of the main differences with a usual sick leave has to do with the fact that the worker will be paid from the first day of temporary disability. This can be consulted in article 173 “Birth and duration of the right to the subsidy” of Organic Law 2/2010, of March 3, on sexual and reproductive health and the voluntary interruption of pregnancy.
What will be the amount of this temporary disability?
Precisely in this sense, it should be remembered that with a temporary leave the worker begins to collect from the fourth day, unless the labor agreement indicates otherwise. As for the amount, the amounts have not yet been established. In the case of temporary disability, the amount at that time is 60% of the regulatory base and increases to 75% as of the 21st. However, this is not the case, since, at most, you can be off a total of five days.
In addition, It will not be necessary to add a year of contribution either. as it happens with the rest of common temporary disabilities. This makes it one of the most universal casualties, even if it is only for the group of working women.
What is considered disabling menstruation?
According to Organic Law 1/2023, of February 28, “the sick leave in which the woman may find herself will be considered a special situation of temporary disability due to common contingencies in case of secondary disabling menstruation or secondary dysmenorrhea associated with pathologies such as endometriosis”.
- intense pains
- Cramps.
- Colic, nausea, dizziness and vomiting.
How to request temporary leave for menstrual pain?
Women who feel incapable of fulfilling their duties and labor obligations, they should go to their Social Security family doctor to be able to request the corresponding sick leave as of June 1, 2023. It will be the medical practitioner who will decide if the pain is disabling and also how many days of sick leave they would need.
