Ben Smith writes in Employee Benefits about how debate over statutory menstrual leave could impact workplace policy

This year, the UK government reiterated the fact that it has no plans to introduce statutory menstrual leave for people suffering from endometriosis or adenomyosis, despite a petition and debate having taken place in Parliament. 

Nonetheless, the petition ultimately forced a sensitive issue under the spotlight. Due to the number of employees in the workplace who could be affected by these debilitating conditions, it is a debate that employers should be aware of and consider.

From an employee perspective, the introduction of statutory leave could enable some individuals to manage chronic menstrual conditions without losing out on pay, as the proposal was for up to three days’ leave on full pay each month. However, some may feel it reinforces stigma and would be reluctant to have to disclose such personal health issues to their employer. Anyone suffering from such conditions already has the right to take statutory sick leave and receive statutory sick pay, now available from the first day of sickness absence. Of course, many employers offer more generous sick pay in any event.

Ben Smith, Partner in our Employment team, comments in Employee Benefits:

A further consideration in this debate is where to draw the line. Offering statutory leave for conditions such as endometriosis and adenomyosis may prompt calls for equivalent support across all chronic conditions, which would simply not be practical and could place significant strain on employers. It could also potentially create workplace tensions or unintended bias in hiring decisions.

Read the full article in Employee Benefits here.