The General Workers’ Union and the UHM Voice of the Workers have given different views on whether there should be a national discussion on menstrual leave.
The GWU said that it would welcome such a discussion on special paid leave for menstrual pain. The UHM Voice of the Workers said that it is more of a question of whether the number of sick leave days allotted should be increased, as the issue is of a medical nature.
Last week, PL MP Rosianne Cutajar called for a national discussion about menstrual leave in parliament. The particular leave would only be granted to women who, while having their menstrual cycle, go through a lot of pain because they suffer from certain medical conditions such as endometriosis, ovarian cysts, and others.
Employers’ organisations have already expressed their views on the matter, telling The Malta Independent that the proposal is ‘not practicable’ and ‘unjustified’.
According to the President of the Malta Chamber of Commerce Marisa Xuereb and the CEO of the Malta Chamber of SMEs Abigail Agius Mamo, days off for menstrual pain should be taken from the existing sick leave, which, they said, is already ample.
Xuereb also said that introducing special leave for specific conditions is not practicable as the list of chronic medical conditions are endless.
The GWU took a more different approach, saying that the union is always in favour to discuss new benefits and rights for all female workers.
“As a GWU we continuously raise issues with the employers’ bodies to discuss working conditions and other aspects of the working world. That is social dialogue. So we would welcome such a discussion on special paid leave for menstrual pain,” spokesperson for the GWU Michelle Lia told The Malta Independent on Sunday.
Lia went on to explain that while currently menstrual pain is covered by sick leave, some years ago there were instances where menstrual pain was not even covered by paid sick leave.
“Some employers put forward proposals to the effect that declared that they did not want to pay sick leave for menstrual pain. We had an instance where another union accepted these arguments and excluded menstrual pain as a cause for sick leave,” Lia said.
She said that once the GWU became the recognised union, it reported the company to the competent authorities, and the clause was changed.
“Some years ago, we proposed that all those persons who suffer from cancer and are receiving chemo treatment should benefit from medical leave. The fulcrum of the discussions should be the well-being of our work force,” Lia said.
She added that Spain already legislated on special paid leave for menstrual pain. Lia made reference to Cutajar’s speech in parliament, where the issue on having menstrual leave was raised because an employee was fired as she was unfit for work due to a lot of pain.
“That is unacceptable, apart from being unethical. We do not see any reason why this should not be discussed on national level between all social partners, authorities and NGOs, and if there is an agreement, it should be implemented,” she said.
Asked how many days should be given for menstrual leave, as well as if it should exist on top of sick leave days, Lia said that it is too early to discuss the number of days and who should benefit from this “special paid leave”.
“The most important thing is that when we discuss these issues, we need to strike a balance between the needs of the employees and the needs of the organisation, the well-being of the employee and the competitiveness of our economy,” she continued.
Lia said that while we are all in favour of new benefits, we cannot jeopardise our places of work. She said that the workplace must remain competitive and efficient, while also focusing on the health and safety of the employees.
“During the past years, a lot has changed, and employees showed that they can be trusted,” she said.
In her comments to The Malta Independent, the Chamber of SMEs’ Agius Mamo had also raised the concern that employers’ bodies would have to carry the extra burden of the menstrual leave costs, deeming the proposal as completely unjustified and poses indirect expectations to employers.
The GWU said that this payment should be done through the maternity fund.
“The scope of the fund should be widened, and this special paid leave can be paid from there. We already proposed that this fund is also used for the work/life balance measures. If the current rate paid into the fund is not sustainable, then this could be increased. Of course, we believe that the employee should be paid in full,” Lia continued.
How can we ensure that there wouldn’t be abuse? Lia said that it is a misconception that employees abuse sick leave.
“Some years ago, the National Statistics Office conducted a study which showed that the average amount of sick days was 5 days per year. In most of our collective agreements we have a sick leave bank. Sick leave can be accumulated over the years and can be used if someone has serious illness. Since this is a medical condition, then it should be covered by a medical certificate,” Lia said.
Lia was asked if this right could lead to strengthening the gender pay gap, or, alternatively, could also serve as leverage for employers, who could prefer to employ men over women due to this particular leave.
Similarly to Agius Mamo’s comment, Lia said that while it can deter employers from hiring female employees, she believes that due to the current tight labour market, this would not happen.
“Such a measure can definitely be used to help employees who suffer from menstrual pain and close the gender pay gap,” she added.
The UHM seemed sceptical over the introduction of menstrual leave, saying that the issue in question is of medical nature, and so should be regulated through sick leave and not vacation leave.
A spokesperson for the UHM said that any debate regarding the matter should be more within the parameters of whether there should be an increase in the sick leave allocation or not, in such circumstances.
“In that case, the discussion should be held within the MCESD which is the proper forum for social dialogue,” he said.