ITV News interviews Ben Smith about a parliamentary debate around statutory menstrual leave
min readA parliamentary petition calling for statutory menstrual leave has brought renewed attention to how employers support employees with menstrual-related health conditions. Campaigners highlight that formalised leave could help employees manage chronic menstrual-related conditions, such as endometriosis or adenomyosis, without the risk of financial disadvantage or lost pay. However, there are concerns that a specific statutory entitlement for such conditions could discourage some individuals from disclosing personal health information, or reinforce stigma in the workplace.
There are also wider questions about how such a policy would operate in practice. Introducing statutory leave for certain menstrual-related conditions raises the issue of fairness and consistency, including whether similar provisions should apply to other chronic health conditions. This could also create additional operational and financial pressures for employers, and limiting statutory leave to menstrual-related conditions alone may risk perceptions of unequal treatment in the workplace with respect to other chronic conditions. In addition, currently all employees who need to take sick leave (regardless of the reason) are entitled to at least statutory sick pay (SSP), with many employers providing for a more generous sick pay entitlement.
In this context, employers should focus on improving awareness, training and understanding of menstrual-related conditions, as well as implementing greater flexibility and support within existing workplace frameworks. When drafted the right way, a good sickness absence policy, combined with appropriate adjustments and a flexible approach, can provide guidance and reassurance to both employees and employers.
Ben Smith, Partner in our Employment team, is interviewed on the topic for ITV News. Ben explains:
My concern is where you draw the line, and whether by implementing a statutory menstrual leave right, that other people with other chronic conditions are impacted.
Watch the broadcast in full on ITV News here.
