Why Kenya needs a menstrual leave policy
A woman grimaces in pain. Women who experience severe menstrual symptoms may need to take time off work, either due to physical discomfort or emotional distress.
What you need to know:
- Spain last year joined six other progressive countries around the globe that offer menstrual leave; the others are Japan, South Korea, Indonesia, Taiwan, Vietnam and Zambia.
- Japan was the pioneer of menstrual leave policy when it introduced a period of sick-off in its labour law as early as 1947.
In all my quarter-century life, I have always assumed that I don’t get embarrassed easily. However, on one random workday, I realised that belief could not be farther from the truth. At least not when I felt an ‘unconscious’ shame for not being able to work because of menstrual cramps.
I had woken up to the pangs of my uterus doing somersaults (at least that is what it felt like at the time). Heat flashes, waves of intense lower-abdominal pain and a pinch of nausea in that particular order, chose to assault the better part of my day.
Now, the reason I say I thought I don’t get embarrassed easily is that I felt that a reasonable person would be able to communicate to their line manager (in my case, a male supervisor) about the situation.
But for whatever reason, I could not bring myself to confide in anyone. How could I possibly tell him I could not perform an assigned task because my period just couldn't allow me to? Especially, when many other women have never used period pain as grounds to be excused from work. What I felt was deep shame, and the worst part is: I didn't even know why or where it was emanating from.
Was it when my female relatives castigated one of my cousins for avoiding house chores, ‘just because of mere period pain’ or was it when I camouflaged previous incapacitating menstrual cramps as ‘hyperacidity attacks’.
In retrospect, it has dawned on me that it was hammered into me from a very early age; period pain is irrelevant when duty calls.
By the time I managed to get myself to hospital, I was on the verge of tears due to the excruciating pain that I felt. My doctor prescribed a Tramadol intravenous injection that relieved the pain in a few hours.
Also read: Menstrual health is a human rights issue
Granted that my experience may not be representative of the entire female population in Kenya, I still cannot shake off the feeling that there may be thousands of other Kenyan women who have had experiences similar to mine.
I was also reminded of Spain’s recent progressive legislation that allows women to take menstrual leave. The European country amended its Organic Law 2 of 2010 on sexual and reproductive health in order to permit Spanish women who experience severe period pain to take three to five days of menstrual leave.
To be honest, when I first heard the news, I did not give it much thought. However, my recent dysmenorrhea diagnosis (painful menstruation) has changed my perspective on the importance of a menstrual leave policy. I am aware that this may come across as a selfish reason to change one’s view, but bear with me.
Time off
Data on women who experience painful periods in Kenya is limited; nonetheless, in Spain where the law was passed, the Spanish Association of Obstetrics and Gynaecology estimates that roughly one-third of women in Spain endure extremely painful periods.
Spain last year joined six other progressive countries around the globe that offer menstrual leave. The others are Japan, South Korea, Indonesia, Taiwan, Vietnam and Zambia.
Japan was the pioneer of menstrual leave policy when it introduced a period of sick-off in its labour law as early as 1947. Under Article 68 of the law, employers cannot ask women who experience painful periods to work on those days. Japanese scholars believe that the law was propelled by a strike by female conductors who worked for the Tokyo Municipal Bus Company in 1928.
Indonesia followed suit in 1948 by enacting a menstrual leave policy that allows female workers experiencing menstrual pain to not work on the first two days of their cycle. Other Asian countries including South Korea and Taiwan offer female workers a day off every month during their period.
As for Vietnam, the labour law allows for a 30-minute break for women on every-day of their period cycle. In 2020, the law was reformed to include three days of menstrual leave a month. Women in Vietnam can also choose to not take such leave and be paid extra.
Zambia is the only African country with a menstrual leave policy. The law was introduced under the concept of a ‘Mother’s Day’. The provision allows female workers to take one day of menstrual leave every month without giving reason or requiring authorisation from a doctor.
According to the International Journal of Social Science and Economic Research on paid menstrual leave and women’s economic empowerment, the efficiency levels of women are low during menstruation.
The study further argues that availing a leave during the menstrual cycle would not affect the productivity of the organisation and the economy if emphasis is put on labour productivity and the quality of output, rather than simply measuring productivity based on the hours of work.
I concur with the study’s recommendation that ‘menstrual flexibility’ is an economically viable alternative as women who are able to take time off during their period of menstruation increase their productivity in the long run as they have had time to recover.
