The new temporary disability due to painful menstruation is about to become a reality in Spain. And all this occurs after the BOE published yesterday, March 1, 2023, the reform of the abortion law that comes into force almost entirely this Thursday, except, yes, for the discharges due to painful rules, which They will begin to function on June 1, as stipulated by the norm.
It should be remembered that reaching a consensus between the political forces that understood the coalition government was not an easy task, since they divided the Ministry of Equality, led by Irene Montero and the PSOE of Pedro Sánchez. The truth is that, to this day, there are still great doubts among doctors and specialists about how these temporary disability leave will be used.
However, Social Security is preparing the guidelines that will guide its implementation of the new discharge for having a disabling menstrual cycle. There is no doubt that at this point, many doubts arise in this regard.
What is considered painful or disabling period?
According to Organic Law 1/2023, of February 28, “the sick leave in which the woman can be found in the event of secondary disabling menstruation or end-secondary dysmenorrhea will be considered a special situation of temporary disability due to common contingencies”.
But what exactly does the text refer to? Well, it refers to intense pain, cramps, colic, nausea, dizziness and vomiting that some women suffer in each cycle. In principle, temporary disability leave will last three days under medical supervision, with the capacity to extend it to five.
In any case, employers will not have to assume the cost of contributions for the loss of menstruation, since Social Security will take over from the first day of the loss.
How to request temporary leave for menstrual pain?
Women who feel incapable of fulfilling their duties and labor obligations must go to the Social Security family doctor to be able to request the corresponding leave as of June 1, 2023. It will be the family doctor who will decide if the pain is incapacitating and also how many days of leave would be needed.