Menstrual leave Philippines: A bill seeking to give female workers in the public and private sectors two-day paid menstrual leave per month has been filed in the House of Representatives by GABRIELA Party-list representative Arlene Brosas.
Menstrual Leave Act
Representative Arlene Brosas of the Gabriela party-list proposed the measure under House Bill 7758, which defines menstrual leave as benefits given to a female employee allowing her to miss up to two days of work each month due to premenstrual or menstrual discomfort while still being paid 100% of her regular salary.
Menstrual leave in the Philippines applies to all female employees, irrespective of the nature or status of their employment, with the exception of pregnant and menopausal women.
In addition, the menstrual leave will not be cumulative and would not be allowed to be converted into cash, according to the proposed legislation.
According to the “Menstrual Leave Act”, premenstrual or menstrual tension affects women every month. That is why there is a need to provide women with support to manage their reproductive health.
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“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 being sought,” said Brosas in the bill’s explanatory note.
Brosas added that dysmenorrhea is often treated poorly and ignored by health professionals, pain researchers, and even women themselves. GABRIELA representative reiterated that dysmenorrhea being the painful and often unbearable symptoms of menstruation gives women considerable burden.
Menstrual leave Philippines
Japan, South Korea, Taiwan, Indonesia, and Spain were among the countries that had adopted menstrual leaves.
In addition, according to Brosas, La Union Governor Raphaelle Veronica Ortega-David signed an order on October 18, 2022, permitting female employees of the provincial government to work from home for two days when menstruating.
She continued by saying that a comparable order had also been put into effect in the Aklan town of Tangalan.
“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 one hundred percent daily remuneration to all female employees in the private and public sectors,” said Brosas.
Menstrual leave Philippines: A long battle for women
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In February 2023, an almost similar bill is filed by Cotabato 3rd district Rep. Ma. Alana Samantha Taliño-Santos.
“An Act granting menstruation leave of two (2) days a month with fifty (50) percent daily remuneration to all female employees in the private and public sectors,” is the title of House Bill (HB) No. 6728, which Santos authored and filed.
Daily remuneration refers to the amount that entitled employees will get each day, regardless of their absence.
According to Santos, countries like Japan, South Korea, Taiwan, Indonesia, and Zambia have long granted female workers this privilege.
Additionally, although some businesses in the Philippines do permit menstruation leaves. The lady solon claimed that these are still counted as part of the employee’s sick leave.
Santos added that if House Bill No. 6728 is passed into law, employees cannot be dismissed, demoted, or subjected to discrimination because they took menstrual leave.
Furthermore, employers who disregard the rule will be subject to a P50,000 fine and/or a six-month prison sentence. However, this bill is still pending before the Committee on Labor and Employment.
This fight for menstrual leave in the Philippines has been a long battle for women. In 2004, a proposal similar to what Santos filed was proposed by Senator Miriam Defensor Santiago in the Senate.
Senate Bill 1687 was introduced by the late Senator Miriam Defensor Santiago and it seeks to provide every female employee in the private and public sectors a leave of one (1) day every month with fifty percent (50%) daily remuneration.
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Santiago cited Article XIII, Section 14 of the constitution in her explanatory note. It says that “the State shall protect working women by providing safe and healthful 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.”
Furthermore, it is also stated on the said Senate bill. Any individual, corporation, trust, business, partnership, or entity found to be in violation of this Act or the rules and regulations issued under. It must be subject to either a fine of not more than Thirty Thousand Pesos (P30,000.00). Or jail time of not more than six (6) months nor less than thirty (30) days.
