Can You Use Menstrual Leave? How to Apply and Tips for Success

What is Menstrual Leave?

Menstrual leave is a type of leave regulated by Article 68 of the Labor Standards Act, which states:

“Employers must not require an employee experiencing significant difficulty working due to menstruation to work if they request leave.”

This means that taking leave for menstrual discomfort is a legal right for women. While some companies may refer to it by different names, all companies are obligated to provide menstrual leave. Therefore, any woman worker, regardless of employment status, is eligible to apply for it.

PMS-Related Leave is Also Possible!

Menstrual leave covers not only discomfort experienced during menstruation but also premenstrual symptoms (PMS). Although there are no specific guidelines on PMS, some companies treat PMS-related leave as part of menstrual leave, recognizing that PMS is linked to the menstrual cycle.

There’s no need to hesitate if it’s not the exact day of menstruation—taking leave is still an option.

Why Menstrual Leave is Rarely Used

According to a 2015 survey by the Ministry of Health, Labour and Welfare, only 2.2% of workplaces had employees who took menstrual leave in the previous year. Furthermore, only 0.9% of female employees requested it, indicating very low utilization rates.

There are several reasons for this low uptake. Firstly, menstrual leave is not always paid. Unlike annual paid leave, companies can choose whether to offer it as paid or unpaid leave. As of 2015, only about 25% of companies offered it as paid leave.

Additionally, in workplaces with a majority of male staff, some women feel embarrassed to request menstrual leave or are unsure if their colleagues will understand, leading to reluctance in applying.

How to Apply for Menstrual Leave

The procedure to apply for menstrual leave varies by company, so check your organization’s specific policy. Here are some general steps.

Any woman experiencing significant menstrual discomfort is eligible to apply for menstrual leave. There is no limit on the number of days one can take; however, companies may limit the number of paid days. Unlike annual paid leave, menstrual leave doesn’t require an 80% attendance rate, though taking too many unpaid days may affect eligibility for paid leave.

In most cases, menstrual leave can be taken on a half-day or hourly basis. For instance, if pain worsens in the afternoon, it’s possible to take leave starting then. Generally, companies allow menstrual leave to be taken verbally without requiring a medical certificate.

What to Do When Taking Leave is Challenging

Unfortunately, menstrual leave is still not widely understood, and some supervisors may not be aware of it or might even discourage its use.

It’s essential to remember that menstrual leave is a legal right and cannot be denied. However, here are some ways to approach this professionally:

• Start with a Brief Apology: While it’s your right, a short apology can ease communication and make your leave request more approachable.
• Discuss with Your Supervisor in Advance: Rather than making a sudden request, inform your supervisor beforehand if you experience severe menstrual discomfort.
• Request Leave on an Hourly Basis: To minimize disruption, request leave in smaller increments, if feasible.
• Provide a Doctor’s Note if Needed: If understanding is still lacking, consider submitting a medical certificate. While there’s a cost, it may make future requests smoother.
• Contact HR if Necessary: If you still encounter difficulties, contact your company’s HR department. Menstrual leave is a worker’s right, and HR should support your request.

Conclusion

While menstrual leave remains underutilized, implementing effective strategies may help make it more accessible. We hope this guidance will help you take menstrual leave smoothly and enable you to work in a way that allows you to perform at your best.