A company in Montpellier has introduced a minimum period of 24 hours menstrual leave since the beginning of the year for painful periods.
An initiative that has not yet been included in the French Labor Code, but which could soon become oil stain, as the lawyer Roland Perez analyzes for Europe 1 on Saturday.
DECRYPTION
Has the Labor Code introduced a new leave for employees, in this case for employees? In recent days, information has emerged on social networks and revived the debate on the establishment, within companies, of a "menstrual leave" for women who undergo painful periods. On Europe 1, Saturday morning, lawyer Roland Perez is looking into this question, brought up to date by the original initiative of a Montpellier company at the start of 2021.
"The Labor Code has almost introduced a new leave, thanks to the combined benefit of an Ifop survey published a few weeks ago: 68% of female employees questioned are for the establishment of a real 24-hour menstrual leave minimum for painful periods. It thus relays the initiative of a company in Montpellier which, three months ago, introduced this leave paid for by the employer.
A measure not feminist?
This leave is not yet included in the law or in collective agreements. It is strongly discussed to the chagrin of feminist associations, who find that it stigmatizes women and their rules, which have been stereotyped for the occasion. According to them, this could lead employers to favor the recruitment of male employees, given the increase in leave for female employees. We obviously think of leave related to pregnancy and childbirth.
But what would be the envisaged rules to implement this leave for all the employees concerned?
For that, let's look at what is practiced outside the hexagonal borders.
In Japan, this leave has been in existence since 1947 to prevent miscarriages.
In Indonesia, it has been in place for over 70 years.
Finally, in Taiwan, it would be a leave of two to three days maximum, fully paid by the employer.
Not a sick leave
It would therefore not be a case of sick leave. The leave would be taken without any medical indication and / or prescription and should be based on trust. The employer will have to put in place a procedure respecting total confidentiality, the idea not being to designate the employee who has her rules in the company, nor for the latter to have to discuss her menstruation problems with her employer. "