The introduction of a specific leave entitlement for workers who suffer from painful menstruation has been a hot topic in Belgium for years. Where does the country stand on the issue?
Discussions surrounding so-called “menstrual leave” gained traction in Europe in 2023, after Spain became the first EU country to grant workers the right, with a doctor's note, to paid leave due to debilitating periods.
The Spanish government said at the time that the landmark law was introduced to eliminate “negative bias” in the workplace associated with medical conditions that cause particularly painful menstruation.
In Belgium, three years on, menstrual leave policies remain absent from labour laws.
Fears of discrimination and healthcare delay
Some legal and political opponents to the measure in Belgium have raised concerns that menstrual leave could exacerbate the discrimination against women in the workforce, according to Sarah Meunier, a communication officer at the Belgian HR company Group S.
“The idea that they might be absent more often fuels fears of a barrier to recruitment, despite existing anti-discrimination laws,” she told The Brussels Times.
Additionally, criticism has come from the medical sector, with some doctors warning that menstrual leave could lead to employees taking days off to deal with their pain rather than finding a solution with a doctor.
“If a patient is in pain, we must help her find a solution to it...I fear that this kind of legislation will only delay access to care,” a general practitioner in Belgium told La Libre last year.
Years waiting for a diagnosis
Obtaining a diagnosis and treatment for painful menstruation has been a long-standing challenge in Belgium, particularly when it comes to endometriosis.
Endometriosis is a condition where tissue that is similar to the lining of the uterus grows in other parts of the body, causing inflammation and the formation of scar tissue. This leads to several symptoms, including severe pain during menstruation.
Meunier said she “suffered for years” and spent “countless nights in hospital” with her pain being "dismissed by the medical profession” until she was finally diagnosed with endometriosis.
“Some gynaecologists showed a great deal of insensitivity, claiming that suffering during periods was normal, that I was too fragile, or even that I was ‘allergic’ to my partner at the time,” she added.
Illustrative image of a person in a waiting room. Credit: Belga
Around one out of every 10 women in Belgium has endometriosis, with patients on average facing seven to 12 years of delays in diagnosis, according to the Belgian endometriosis association, Toi Mon Endo.
Issues with diagnosing endometriosis are common worldwide, in part due to the variable and broad symptoms of individuals, according to the World Health Organization.
For Meunier, following several treatments and changes to her lifestyle, the condition is relatively mild, but she still suffers from “episodes of pain that can sometimes be very intense”.
Consequences of absent regulations
While Meunier does not advocate for or against the introduction of menstrual leave, she explained that the lack of such measures risks causing inequalities in terms of the treatment of workers, as the accommodations made for employees’ pain are "heavily dependent” on the company.
Additionally, she noted that the absence of menstrual leave could lead women to continue working despite their pain or to be forced to take regular sick leave instead, which she says can be accompanied by feelings of guilt or stigma.
For Laura Lequeu, the founder of Toi Mon Endo, introducing “properly regulated” menstrual leave is key to addressing the impact of conditions like endometriosis and to incentivise affected workers to seek medical support.
“If a woman’s period prevents her from working normally, then obviously menstrual leave should be seen as normal. The aim is to encourage women to seek medical advice and understand the cause of their pain,” she said in a statement earlier this year, stressing the importance of ensuring pain is not trivialised.
Results of the Spanish case
Around a year after Spain's landmark law was introduced, the Guardian reported that the measure had "hardly been used".
According to the British publication, menstrual leave was taken only 1,559 times within 11 months in a country of almost 49 million people.
This was in part attributed to the lack of awareness of the measure and the fact that the period leave was limited to those who had official diagnoses of certain conditions, such as endometriosis.
While some still raised concerns about using the policy due to possible discrimination, others have dismissed this issue and still consider the measure a "step forward”.
Illustrative image of pads. Credit: Canva
In 2024, there were calls for a wider use of menstrual leave policies in Brussels, after a trial menstrual leave was introduced within the EU political group The Left in the European Parliament.
As part of its menstrual policy, the political group allowed its staff to take up to three extra days off per month without a medical note or work from home for three extra days per week.
The Left reported that the policy was overall seen as a success by the group and that this type of leave was used on an as-needed basis, as it was only used 13 times during the six-month trial period.
Where is Belgium now?
As it stands, Belgium is unlikely to follow Spain's example soon. The topic is currently not on the political agenda, a spokesperson for the Federal Health Minister, Franck Vandenbroucke, told The Brussels Times.
In the absence of menstrual leave, employees who struggle with painful periods can take time off using the sick leave policies that apply to the general workforce.
In Belgium, employees at companies with over 50 people can take sick leave without needing to provide a doctor's note for the first day of their leave twice a year.
Additionally, employers in Belgium can independently accommodate the medical needs of their employees.
For Meunier, this has involved being able to adjust her schedule for medical appointments and having the flexibility at her job to work from home to manage her pain.
Meunier further emphasised that her coworkers’ awareness of her condition has made her feel supported and made a positive difference to her professional life.
“A relationship of trust has developed, which allows me to talk about it very openly with those around me, without fear,” she said, adding that she considers herself "lucky” in her profession.
The Brussels Times contacted the Federal Employment Minister David Clarinval (MR) for comment, but it has yet to receive a response as of the time of publication.
