Overview of the Proposed Reform
In the Senate of the Republic, a labor reform is being promoted to ensure 1 to 3 days of menstrual leave with full pay for women workers and individuals who experience debilitating menstrual disorders, such as primary or secondary dysmenorrhea. This initiative aims to allow individuals to manage their biological processes with freedom, health, and respect.
The Relevance of the Proposer
Senator Lilia Margarita Valdez Martínez, from the Movimiento Regeneración Nacional (Morena) group, is leading this effort. Her proposal seeks to address the lack of labor policies regarding menstrual health, which exacerbates work-related inequalities.
Understanding Dysmenorrhea
Dysmenorrhea refers to painful, often colic-like menstrual cramps that can be primary (without a specific cause) or secondary (linked to conditions like endometriosis, uterine fibroids, or pelvic inflammatory disease). This pain can hinder daily activities and, in severe cases, cause absenteeism from work or school.
According to Mexico’s Secretariat of Health, around 50% of women experience dysmenorrhea at some point in their lives. A report by Dalia Empower, a global organization, states that 91% of women believe menstrual discomfort affects their productivity.
The Impact of Menstrual Discomfort on Employment
Dalia Empower’s report reveals that 45% of women and menstruating individuals miss work for days or hours due to menstrual discomfort, often facing salary deductions and even termination. This situation highlights the need for labor policies addressing menstrual health.
Key Questions and Answers
- What is dysmenorrhea? Dysmenorrhea refers to painful menstrual cramps that can be primary (without a specific cause) or secondary (linked to conditions like endometriosis, uterine fibroids, or pelvic inflammatory disease). This pain can hinder daily activities and, in severe cases, cause absenteeism from work or school.
- Why is this reform necessary? The proposed reform aims to address the lack of labor policies regarding menstrual health, which exacerbates work-related inequalities. It seeks to ensure women’s rights to health and a dignified life while closing the gender gap in labor participation.
- What are the requirements for obtaining menstrual leave? To obtain menstrual leave, women must present a medical certificate from a gynecologist confirming their dysmenorrhea diagnosis, valid for one year. This leave will not affect their salary, seniority, bonuses, vacations, or other acquired labor rights.
- Which states have already implemented menstrual leave policies? Colima, Hidalgo, and Nuevo León have recognized menstrual leave for state workers. Colima approved a reform in 2022, Hidalgo followed in 2023, and Nuevo León joined in 2024. Tamaulipas, Quintana Roo, and Campeche modified their laws to grant 3 and 2 days of paid leave for menstrual-related discomfort.
International Context and Next Steps
Countries like Spain, Japan, South Korea, Taiwan, Indonesia, and Zambia have already implemented menstrual leave policies. In Mexico, this discussion is just beginning at the federal level, with seven initiatives presented in the current legislature to recognize menstrual leave in the workplace. However, none have progressed.
Senator Lilia Valdez Martínez emphasizes that this reform should be accompanied by public policies ensuring dignified living conditions for everyone experiencing this “natural life phase.”
