This isn’t a topic that HR professionals talk about very often, but it is very much an issue that nursery owners and managers need to bear in mind. After all, according to Early Years Alliance research, 97 per cent of nursery employees are women.
In February 2023, Spain became the first European country to approve a law on menstruation leave. This means that women in Spain who suffer from period pain and other menstrual symptoms that make them unfit for work can get three days of paid leave. In severe cases, this could extend to five days. To take this leave, employees must provide a note from their doctor.
I know, and I am sure you all know of women, who are self-employed as they suffer with debilitating gynaecological conditions such as endometriosis. These very women would likely be classed as disabled by this condition under the Equality Act 2010.
Currently, the UK doesn’t offer menstruation leave. If a woman is unfit for work due to her period, she will take sick leave, which will either be unpaid for the first three days (waiting days) if she is eligible for Statutory Sick Pay (SSP), or will be paid if the employer operates a contractual sick pay scheme. Remember, an employer can’t deny an employee taking sick leave, but they do have the right to address absenteeism.
From an HR perspective, we would recommend nursery owners and managers sit down with female employees who are taking regular time off due to their periods and explore what support can be put in place.
This might involve providing free sanitary products or relaxing tight-fitting uniforms. Another is looking at whether the roster can be revised or their duties amended.
We should break the stigma about talking about menstruation and menstrual cycles, and we should work to provide a safe place where employees can share what they need.
