Sick leave because of menstrual pain: would something like that be conceivable in Germany?

Created: 05/18/2022, 12:09 p.m

Working despite severe abdominal pain during the monthly menstrual period – women in Spain are to be freed from this in the future.

In future, Spain

 wants to release women 

.

A corresponding draft law was approved by the cabinet of the left-wing government in Madrid on May 17.

According to this, Spaniards should have the right to stay at home with menstrual pain – as long as the pain lasts.

The state is to bear the estimated costs of 23.8 million euros per year.

In order to get time off work, the affected woman must consult a doctor.

Freed from work: In Spain, women should be given the right to stay at home with menstrual pain.

© Sven Simon/Imago (symbol image)

"We are making a law that will ensure that women can live better and develop their life projects with complete freedom," said Minister for Equality Irene Montero after the cabinet meeting.

“No more working in pain and taking pills!” However, the draft will only be presented to Parliament in Madrid after a consultation phase lasting several months.

According to experts, it will definitely not come into force before the end of 2022.

Spain would be the first country in Europe with such a law.

There are comparable regulations in Taiwan, for example: in such cases, women can only stay away from work for three days a year and then only get half the wages.

In South Korea, employers must give their female employees one day off a month if they make a claim – but the law does not regulate who will bear the costs and whether there will still be wages.

Spain is planning extra sick days for menstrual pain - similar regulations also conceivable in Germany?

In Germany, a regulation similar to that in Spain is at least theoretically conceivable, says Alexander Bredereck, a specialist lawyer for labor law from Berlin.

According to his assessment, there was no unequal treatment or discrimination based on gender.

"Because the idea behind it would be to eliminate injustices based on gender," explains the expert.

"So you could make it legally secure if you do it right."

In Germany, sick leave

a way that a doctor declares the

to work in relation to the respective activity.

"The employer then doesn't find out exactly which complaint was made - there would be the question of whether that isn't the better solution in this case, too," says Bredereck.

However, according to current case law, frequent cases of illness could be a reason for dismissal - according to the lawyer, a legal regulation that excludes menstrual problems from this would actually be an improvement in favor of female employees.

"And of course such a regulation could also create more awareness of existing injustices in this context."

However, Bredereck considers the regulation planned in Spain that the state will bear the costs in such cases to be difficult.

In Germany, the employer actually continues to pay the salary in the event of illness.

"That would actually be a fundamental change in the system in Germany, which I find difficult to imagine at the moment."

Debate on draft law in Spain

In Spain, Minister Montero's

is being pushed by the smaller left-wing alternative coalition partner Unidas Podemos.

The draft is part of a planned revision of the abortion law.

In the future, it will allow women over the age of 16 to have an abortion without the consent of their parents.

In addition, the morning-after pill will be available free of charge in the future.

According to estimates by the ministry, all of the new regulations will cost the state a total of around 107 million euros per year.

There were reservations about the bill from the ranks of Prime Minister Pedro Sánchez's socialist PSOE party.

Nadia Calviño's Ministry of Economic Affairs warned that the regulation could disadvantage women in the competition for jobs.

The government will never take any action that could "stigmatize women," Calviño stressed.

But Montero rejected this fear on Tuesday: "Talking about the rule in society" and especially "at the workplace" is already stigmatized.

Continued payment of wages in the event of illness in Germany

In this country, the “yellow certificate” ensures that employees continue to receive wages in the event of illness.

Employees should therefore make sure that they report sick to their employer immediately and submit a sick note from a doctor in good time.

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