From mood swings to extreme abdominal pain, women navigate through various unpredictable symptoms as their menstrual cycles begin. For many women, these pains become intolerable, making it difficult to carry out everyday activities. Yet despite these discomforts, they are compelled to travel to work and attend to responsibilities throughout the day. 

Addressing the needs of women, on March 22, during Women’s Month, Gabriela Partylist filed House Bill No. 7758, otherwise called the Menstrual Leave Act. The bill aims to provide relief to women through paid leaves during their menstrual cycles to prioritize their reproductive health without fearing losing their jobs, not receiving pay, or being discriminated against by their male counterparts. 

But while it seeks to alleviate the challenges women face during menstrual cycles, institutionalizing the bill will be a strenuous process owing to the longstanding lack of recognition of the welfare and needs of women.

A Woman’s Woe

Women are forced to deal with reproductive health concerns in workplaces due to the lack of aid and understanding extended to them by their employers. Most companies do not accept menstruation as a reasonable excuse to file for sick leaves. 

Camille Besares, a 24-year-old project assistant at UP Diliman, is diagnosed with polycystic ovary syndrome. During her period, she experiences excruciating cramps that make standing, working, and even eating difficult.

“I had no choice but to tell them I had a fever since menstrual cramps were not considered a valid excuse,” said Besares. 

A survey by BJM Open Journal discovered that women face productivity loss at workplaces due to menstruation-related symptoms. The study found that about one in seven women surveyed had taken time off from work or school, and 3.5 percent mentioned that this happened nearly every menstrual cycle. 

HB 7758 grants female employees up to two days of paid leaves, giving them flexible schedules to properly care for themselves while ensuring no disciplinary consequences from their employers. This helps ease Besares’ worries that taking leaves would affect her employment. “Affect, to me, means losing my job and getting fewer opportunities due to consistently having to file a leave every month because of menstrual cramps,” she said. 

If the bill is passed, women cannot be discriminated against, demoted, or terminated for using menstrual leaves. Employers that do not follow these implementations face penalties of up to a P100,000 fine and 30 days to six months imprisonment. 

For Besares, paid menstrual leaves are a massive step for promoting inclusivity towards women in workplaces. Yet, the bill also received dissent from organizations. Some claimed the law would cause joblessness as employers might prefer hiring men. The Employers Confederation of the Philippines (ECOP) also said businesses would find it difficult to handle the cost of additional paid leaves. 

A Man's World

Those opposed to the bill argue that the legislation enables women to receive special rights, and would position them as first targets in possible layoffs. However, the goal of a menstrual leave is not to give special treatment but to give accommodation to real health issues women face without prejudice.

But because women lack recognition of their biological needs in medical settings, businesses do not find any reason to accommodate their needs in the workplace. A study by the University of Maryland School of Law discovered that despite women being biologically more sensitive than men and responding differently to pain relievers, women’s pain reports are taken less seriously than men’s. Women are seen to be more emotional than objectively based, making their pain less credible in medical settings, thus downplaying their menstrual pains. 

For Jasmine Cruz, a university research associate at the UP Center for Women and Gender Studies, it is clear why women are in need of more leaves. “Mas malaki yung demands sa body ng women in terms of reproductive needs, kasi sila yung nagnananak. Since mas malaki yung needs, mas malaki dapat ang ibigay na leaves sa kanya,” said Cruz. 

Placing menstrual leaves under sick leaves will not be enough to accommodate women. In the Philippines, a maximum of five days of paid sick leaves are provided for all employees. With menstruation being a monthly occurrence, workplaces cannot expect five days of paid sick leaves in a year to suffice. 

Women also fear that the menstrual leave would put their future employment at risk and further cause discrimination towards them. Besares and many women are led to believe that by admitting their need for leaves, employers may see them as inferior and useless on the job, thus implying that their menstruation, a natural biological process for women, is a weakness. The lack of recognition regarding women’s reproductive health should be the motivation to advocate for policies that protect their needs.

“The mere fact na nagkakaroon ng gender inequality, ito dapat nagpu-push sa gobyerno na dapat i-monitor at i-improve yung implementation ng mga policies na nagpo-prohibit ng gender discrimination in the workplace,” said Cha Castaño, Gabriela Partylist’s Public Relations Officer. 

Women of Merit

Concerns for the welfare of citizens—both men and women—must be paramount to the concerns of the economy. Workers should receive ample pay and benefit, with their well-being prioritized. And so the welfare of women must not be weighed according to the revenue they bring to their bosses.

According to Gabriela, big businesses reject menstrual leaves to ensure they retain “super profits.” Employers' rationale for the menstrual policy is that giving paid leaves would cost them a lot because they still pay their employees even when they do not show up at work. 

However, these are only misconceptions. The Institute for Climate and Sustainable Cities (ICSC), a climate and energy policy non-government organization, challenges these claims. In 2021, ISCS started implementing a First Day of Period Leave in the company, providing female staff access to paid leaves, aiding them to focus on their health without feeling guilty. 

“A leave that will allow a staff member to take care of herself cannot be measured and should not be measured for its financial effect. The management recognizes that if we ignore the potential impact on productivity that might be felt by the organization in the long term—potential burnout among women, reproductive illnesses, and it might be more costly for us,” said Mary Ann Calma Santoalla, ICSC's Business Support Coordinator, in an email to the Collegian.

Despite dissent from the business sector, implementing policies that protect women's reproductive rights and role in the workplace can be accomplished if the government aligns itself with the needs of women. “Naiintindihan namin ang takot ng kababaihan na i-assert ang kanilang health benefits. This is why the government must also amplify the calls and support this bill,” said Castaño. 

For women like Besares, available menstrual leaves do more than allow them time to rest. It is a step forward in recognizing the needs of women—a  prerequisite for a lesser discriminating society. ●