Menstrual leave

Menstrual leave

Menstrual leave is a type of leave where a woman is given paid leave from her employment every time she is menstruating.[1][2]

Contents

History

The concept of menstrual leave started in Japan in the early 20th century. In the 1920s, Japanese labor unions started to demand leave (seiri kyuka) for their female workers. In 1947, a law was brought into force by the Japanese Labor Standards that allowed menstruating women to take days off work. Then a unique legislation of its kind, it is now found in a few countries. Debate continues as to whether it is a medical necessity or a discriminatory measure.[3][4]

Changing times

Nike also included menstrual leave in their Code of Conduct in 2007, implemented around the globe wherever they operate. Nike obliges the business partners to follow the code principles by signing a Memorandum of Understanding.[5] Australian Manufacturing Workers Union (AMWU) started a campaign for menstrual leave for female employees at Toyota. The union asked for 12 paid days of menstrual leave for a woman per year.[6]

Laws in place

The Philippines government considered the House Bill 4888, known as the Menstruation Leave Act of 2008, which was initiated by the Alliance of Rural Concern (ARC) representative. The bill aimed to grant mandatory menstruation leave to all private and government female employees, except those pregnant and menopausal, at half pay.[7]

In Indonesia, under the Labor Act of 1948, women have a right to two days of menstrual leave per month.[8]

In Japan, according to the Article 68 of the Labour Standards Law, "When a woman for whom work during menstrual periods would be specially difficult has requested leave, the employer shall not employ such woman on days of the menstrual period."[9][10]

In Korea, not only are female employees entitled to menstrual leave according to the Article 71 of the Labour Standards Law,[11] but they are also ensured additional pay if they do not take the menstrual leave that they are entitled to.[12]

References

  1. ^ classprojects. "menstrual leave". http://classprojects.kenyon.edu/wmns/Wmns36/bloodflow/legal.htm#leave. 
  2. ^ cleanclothes. "what is menstruation leave". http://cleanclothes.org/newslist/252-labour-rights-in-indonesia-what-is-menstruation-leave. 
  3. ^ JSTOR. Japan's 1986 Equal Employment Opportunity Law and the Changing Discourse on Gender. JSTOR 3174950. 
  4. ^ HARVARD UNIVERSITY, 2007. "Periodic struggles: Menstruation leave in modern Japan". http://gradworks.umi.com/32/65/3265147.html. 
  5. ^ apparelsearch. "NIKE Policy". http://www.apparelsearch.com/education/research/child_labor_clothing/child_labor_fashion_industry_2005/V_Apparel_Appendices/Surveys_from_companies/Nike.htm. 
  6. ^ abc. "Unions seek 'menstrual leave' for Toyota workers". http://www.abc.net.au/news/newsitems/200502/s1300583.htm. 
  7. ^ Maila Ager (August 18, 2008). "Mandatory menstruation leave measure filed in House". Inquirer.net. http://newsinfo.inquirer.net/breakingnews/nation/view/20080818-155398/Mandatory-menstruation-leave-measure-filed-in-House. Retrieved June 16, 2011. 
  8. ^ Govt. of Indonesia. "Labour Act". http://www.niew.gov.my/niew/en/download/doc_download/324-labour-act. 
  9. ^ International Labour Organization. "National Labour Law Profile: Japan". http://www.ilo.org/public/english/dialogue/ifpdial/info/national/jp.htm. 
  10. ^ asianfoodworker. "Comparison of the Japanese Laws and Model CBA of UI ZENSEN on Maternity Protection". http://www.asianfoodworker.net/maternity/UIZensen-model-CBA.pdf. 
  11. ^ International Labour Organization. "National Labour Law Profile: Japan". http://www.ilo.org/public/english/dialogue/ifpdial/info/national/kor.htm. 
  12. ^ joongangdaily. "Once again, court orders menstrual leave payout". http://joongangdaily.joins.com/article/view.asp?aid=2885715. 

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