EXPLAINER: What you need to know about the proposed menstrual leave in the Philippines

Every month, women go through their menstrual period, with many suffering from menstrual cramps or dysmenorrhea. The level of discomfort, which includes the flow of blood itself and managing hygiene, varies among women. Sometimes the period can be annoying but tolerable; sometimes, the pain in one's lower abdomen could be so piercing and made worse with a throbbing headache. 

Other menstrual disorders include amenorrhea and oligomenorrhea (absent or infrequent periods), and menorrhagia or heavy bleeding. Of the latter, heavy bleeding can be caused by various reasons like hormonal imbalance, endometriosis, pregnancy or miscarriage, and even cancer. 

The reality of these conditions isn't always addressed by all workplaces that sometimes, women's jobs are at risk due to frequent leaves brought by their conditions, or discrimination and shaming.

The challenges faced by women during their menstruation period are the contention of two House bills filed in Congress this year.

In January, House Bill No. 6728 was filed by Cotabato 3rd District Representative Samantha Santos. On March 22, Gabriela Representative Arlene Brosas filed House Bill No. 7758.

Both are pursuing a menstrual leave for a maximum of two days per month to women employees. The difference is that Rep. Santos is seeking a 50% remuneration while Rep. Brosas deems that it should be 100% wage for the employee during her leave. 

Loss of productivity

In her explanatory note, Rep. Brosas mentioned a survey by BMJ Open Journal showing how menstruation-related symptoms (MRS) can result in loss of productivity. To avoid deductions in their daily wage, women with MRS show up at work even though their discomfort and pain are palpably hampering them from working efficiently. 

Countries like Indonesia, Japan, South Korea, and Taiwan have legislated two-day menstrual leaves for female workers. In February this year, Spain granted three-day menstrual leaves, with the option of extending it to five days.

In the Philippines, Rep. Brosas cited that La Union and Aklan have pushed for "Menstrual Day," where female government employees may work from home for two days during their menstrual period.

"As many local government units in the Philippines lead the implementation of such pro-women legislation, the national government must also pass a law to institutionalize menstrual leave with 100% daily remuneration to all female employees in the private and public sectors," she said.

"In sum, there is a need to provide women with the flexibility and support they need to manage their reproductive health without the fear of negative consequences such as losing pay, falling behind in work, or facing disciplinary action. Thus, the immediate passage of this bill is earnestly sought," she added.

Meanwhile, Rep. Santos explained, "The enactment of this bill will allow women to attend to the hormonal and physiological difficulties that they have to endure at least on a monthly basis. Menstrual symptoms are not something that can be ignored—for some women, the pain can be debilitating and the ability to focus on work all but vanishes."

"By pursuing this bill, we are not only acknowledging and protecting the women’s health but also, we are raising awareness to avoid stigmatization and ensure that individuals receive the right support." 

Last year, Senator Bong Revilla revived in Senate a bill that would grant a one-day "sanitary leave" with 100% remuneration for all female employees during their menstrual period.

In his proposal, Sen. Revilla explained, Section 14, Article XIII of the 1987 Constitution provides that "the State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation."

Sen. Revilla added, "Female participation in the labor force in the Philippines was reported at 39.33% in 2021, according to the World Bank collection of development indicators, compiled from officially recognized sources."

Mixed opinions

If Rep. Santos' bill be approved, it would mean employers would have to comply with the leave policy or face a fine not exceeding P50,000 or imprisonment for not less than 30 days to six months.

The proposed bill aims to protect women from prejudice, "No employer whether in the public or private sector shall discriminate against the employment of women in order to avoid the benefits provided for in this act."

But the proposed bill has been met with rejection by employers and business groups. 

The Employers Confederation of the Philippines (ECOP), through its president Sergio Ortiz-Luis Jr., has stated in media interviews that House Bill No. 7758 is counterproductive for both business owners and female employees. He said that leave credits amounting to a month would be costly and could even dissuade employers from hiring women in the future. 

In Cebu, business leaders have also expressed their negative sentiments about the proposed bill. Mandaue City Chamber of Commerce and Industry president Kellie Ko believes that the additional paid leaves may not be sustainable for employers especially since they are still recovering from the global pandemic. 

Cebu Chamber of Commerce and Industry president Kenneth Co called on the government to refine the proposed bill and provide measures that would also protect local businesses and their competitiveness. 

Former Sen. Ping Lacson also criticized the proposed bill while pointing out that if enacted, it will have grave economic implications and foresees the possible layoffs of women workers and the closure of factories. Lacson added, "Maternity leave, paternity leave, and now, menstrual leave—all with pay. Next time, a legislative measure will be filed mandating menopause and andropause allowances to increase testosterone levels of workers.”

Boon or bane

With the mixed reactions, however, the question seems to be no longer about the menstrual period but about the long-standing pigeonholing of women as more harmful than good in the workforce because they go through natural cycles such as pregnancy, childbirth, and menstruation.

Granting that women go through their tough biological periods—the cycle of life, so to speak—a Harvard study also showed that in a survey, women were more effective leaders than men.

"Women were rated more positively on 13 of the 19 competencies in our assessment that comprise overall leadership effectiveness. Men were rated more positively on one competency—technical/professional expertise—but the difference was not statistically significant," the Harvard Business Review shared.

The study showed that there were more engagements with women leaders than men because of women's core competencies like “inspires and motivates,” “communicates powerfully,” “collaboration/teamwork,” and “relationship building.” 

Various bills on women's and children's rights have already made breakthroughs in Congress and Senate as Filpino women continue to achieve gains in various fields. Hopefully, the Menstrual Leave Act would have its proper discourse as gaps in women's rights and representation still need to be filled.