How can "dysmenorrhea leave" land without "pain"

  "During interviews before, I was always asked if I have a boyfriend? When do you plan to get married? Do you want to have children? Now women are given 1-2 days of dysmenorrhea leave per month. Will they be asked if they have 'dysmenorrhea' when applying for jobs in the future? ?” Recently, the topic of “Shenzhen Bureau of Human Resources and Social Security responding to female employees’ physiological holidays” rushed to the hot search list and attracted attention.

Hu Hui (pseudonym), a post-90s North Drifter girl, said with anticipation: "The torture of dysmenorrhea is too uncomfortable. If the country can introduce corresponding policies to implement it, it is really good news!"

  On November 2, in response to Cheng Zongyu, a member of the Shenzhen Municipal Committee of the Chinese People's Political Consultative Conference, "Proposal on Ensuring Women Employees Enjoy Menstrual Leave", the Shenzhen Municipal Human Resources and Social Security Bureau publicly responded that the "Regulations on Female Employee Health Care Work" clearly stipulated that menstrual leave, Female employees with severe dysmenorrhea and menorrhagia can be given 1 to 2 days off during menstruation after being diagnosed by medical care or maternal and child health care institutions.

  In this regard, many female friends are not without worries, "The starting point is good, hope will not be in vain", "The reality is very skinny, it is not so easy to implement"... How to make "ideals reflect reality" and promote the effectiveness of dysmenorrhea fakes landing?

The reporter conducted multiple interviews on the "pain" of the dysmenorrhea leave policies introduced in various places.

"Dysmenorrhea is so painful that I can't go to the hospital to issue a leave note"

  "Specially set up dysmenorrhea leave? This is very difficult to achieve!" Yu Hong (pseudonym), 27, is a high-speed rail flight attendant. She suffers from pain two days before her menstrual period, with back pain and limited mobility.

However, due to the particularity of the work, Yu Hong works 15-20 days a month, according to the scheduling schedule, and hardly dares to ask for leave.

"Temporary vacations have to be greeted with colleagues in advance, so it's embarrassing to ask for leave often because of this."

  For Hong, if there is one or two days off for dysmenorrhea every month, it is "wonderful".

What worries her is, "Abstaining from leave requires multiple levels of approval, so the privacy of my dysmenorrhea has become an open secret?" Because of this, she has never taken leave for dysmenorrhea.

  Cao Ying (pseudonym), a girl born in the 90s, suffers from nausea and vomiting during her period, and even needs to take painkillers to relieve it.

Cao Ying smiled wryly and said, "It hurts so much that I can't walk, how can I go to the hospital to get a certificate?" Shen Yue, a post-2000 youth, was worried, "Will the addition of dysmenorrhea leave virtually increase women's employment barriers? I don't want to be asked in interviews in the future. to questions like 'do you have menstrual cramps'."

  For enterprises, this is also a "problem".

A person in charge of the company made it clear: If an employee feels unwell, it will directly affect the work efficiency, and even breed negative emotions, which will affect the colleagues around him. They can approve the vacation, but they need to discuss with the company's human resources department to deduct part of the salary.

He calculated it like this, "A female employee who is uncomfortable during her menstrual period and asks for two days off a month will have to rest 24 days a year, which is nearly a month. Who will bear the cost of the company?"

  "Dysmenorrhea leave is specially designed for women's special menstrual period, which reflects the society's care for women." According to Huang Qi, member of the National Committee of the Chinese People's Political Consultative Conference and part-time vice chairman of the Shanghai Women's Federation, menstruation is a normal physiological phenomenon of women and cannot be avoided. It is appropriate to give women appropriate rest during the special period, which reflects the improvement of social civilization.

Where are the false "pain points" of dysmenorrhea?

  The reporter checked and found that the concept of dysmenorrhea leave is not "new".

In 1987, the Shanghai Municipal People's Government promulgated the "Shanghai Interim Provisions on Labor Protection for Female Workers", which stipulated that female workers engaged in low-temperature, cold-water operations, and field mobile operations should be given one day off during menstruation.

For female workers on the front line of production, care should also be given as appropriate during menstruation.

  In 1993, the "Regulations on Female Workers' Health Care Work" jointly issued by the former Ministry of Health and the All-China Federation of Trade Unions pointed out that female workers who suffer from severe dysmenorrhea and menorrhagia, after being diagnosed by medical care or maternal and child health care institutions, may be free during menstruation. Appropriately give 1 to 2 days off.

  According to incomplete statistics, at present, Beijing, Shanghai, Shaanxi, Shanxi, Anhui, Zhejiang, Hubei, Jiangsu, Jiangxi, Shandong, Gansu, Hunan, Sichuan, etc. have clarified the rights and interests of female workers in local regulations, and the holidays are generally 1 to 2 days.

  In fact, dysmenorrhea leave has been around for a long time, and the "pain point" lies in how to implement it.

  Meng Chaofan, chairman of Black Butterfly Holding Group, said that if female employees want to take paid dysmenorrhea leave, they need to submit corresponding certificates in accordance with relevant policies and regulations.

In this regard, the relevant departments should give a clear definition at the operational level, such as what level of hospital is issuing the leave of dysmenorrhea, and in addition, there is a medical detection method for pain in medicine, so what level of pain is allowed to take leave.

  "Enterprises and employees must abide by policies and systems, and 'dysmenorrhea leave' can be implemented 'painlessly', otherwise employees dare not mention it lightly, and the holiday is useless." Meng Chaofan said.

  Zhang Jing, deputy director of Beijing Lianggao Law Firm and deputy director of the Marriage and Family Professional Committee of the Beijing Lawyers Association, believes that "dysmenorrhea leave is a special right granted to female workers by the law. At the same time that local documents are issued, more attention should be paid to operability. Taking Beijing, Zhejiang, Shaanxi, and Chongqing as examples, their regulations all mention that female employees need to be certified by medical institutions to take dysmenorrhea leave."

  According to media reports, 20 days after the "Zhejiang Provincial Labor Protection Measures for Female Employees" was implemented, no one in many hospitals in Hangzhou has ever issued a sick leave form for dysmenorrhea. The reasons are mostly "too troublesome" and "fear of embarrassment."

In some areas, some women still encounter multiple obstacles when applying for such sick leave certificates in hospitals, or are required to undergo various gynecological examinations during their menstrual period, or are told that "dysmenorrhea leave certificates can only be issued on the day of dysmenorrhea."

  Huang Qi said, "It's good news that dysmenorrhea leave has been included in local regulations, but the implementation process has been greatly compromised. The main reasons are that some women are worried about privacy leaks, cumbersome hospital certification procedures, and fear of gender discrimination in the workplace."

  Shi Fumao, director of Beijing Fumao Law Firm, believes that although the process is complicated, it is more appropriate to enjoy dysmenorrhea leave only after a doctor issues a diagnosis certificate.

"This approach can allow people who really need to enjoy the holidays, while avoiding the abuse of rights and interests and affecting corporate management."

  Liu Bohong, former deputy director of the Women's Research Institute of the All-China Women's Federation, pointed out, "If only protection regulations are used to protect women, without fundamentally solving the problem of protection costs, the cost of protection will be transferred to the employer, which will increase the cost of labor. of women are increasingly discriminated against by employers.”

Promote supporting policies to make dysmenorrhea leave without "pain" landing

  Liu Peipei, an employee of a company in Beijing, works for a company that provides "paid depression leave". For half a day every month, if you are in a bad mood or feel unwell, you can directly submit a leave application in the company system.

"Before, I often used the 'depressed leave' for painful menstrual periods." Liu Peipei said that if she could enjoy a special holiday during menstruation, "it is still very happy and necessary."

  "The implementation of dysmenorrhea leave will increase the labor cost of enterprises, which also leads to low recognition and implementation of it by employers." Huang Qi suggested that during the implementation process, attention should be paid to relevant policy tilts, such as the establishment of "dysmenorrhea insurance", which will Possible losses are compensated through social insurance, and policies such as tax reduction and exemption can be implemented for employers to increase the enthusiasm of enterprises to participate.

"At present, relevant supporting measures and systems need to be followed up in a timely manner. Only in this way can the dysmenorrhea leave be implemented without 'pain'."

  Shi Fumao said that if the local regulations clearly stipulate the leave of dysmenorrhea, it will be enforceable, and if the requirements are not implemented, the parties can protect their rights according to law.

The "Special Regulations on Labor Protection of Female Workers in Anhui Province" pointed out that if a female employee cannot go to work normally due to menorrhagia or dysmenorrhea and applies for a rest, the employer will arrange for her to rest for 1 to 2 days according to the certificate of the medical institution.

"This kind of regulation is operational, and it clearly stipulates that the unit must arrange for those who meet the conditions." It is worth noting that if the expressions in the regulations are advocacy expressions such as "may" and "appropriate", they are not enforceable.

  In response to the problems raised by female employees such as the difficulty of landing dysmenorrhea leave, the Shenzhen Human Resources and Social Security Bureau responded a few days ago: "The Municipal Human Resources Security Bureau, the Municipal Health and Health Commission, the Municipal Women's Federation and other departments continue to promote the implementation of menstrual leave by employers in accordance with their respective responsibilities. It is stipulated to strengthen the supervision and inspection of the labor protection work of female employees in employers, and jointly promote the in-depth development of labor protection work for female employees in Shenzhen."

  China Youth Daily China Youth Daily reporter Han Yang and Li Guijie Source: China Youth Daily