2023-05-20 00:24:40
Saturday, May 20, 2023, 00:24
On June 1, three new situations of temporary disability due to common contingencies -disease or non-professional accidents- come into force and whose objective is to reconcile the right to health with the employment of women.
These three new assumptions were included on February 28 in the reform of Organic Law 2/2010 on sexual and reproductive health and the voluntary termination of pregnancy. It is, as stated at the time of its approval by the Minister of Equality, Irene Montero, the first law “that includes menstrual rights and fights against the historical silence of menstruation.”
The special situations included in the new norm, and that were not protected until now are the following:
– Woman’s sick leave in case of secondary disabling menstruation. It is a situation of disability “derived from dysmenorrhea -severe pain related to menstruation- generated by a previously diagnosed pathology”.
– Interruption of pregnancy -voluntary or not- while receiving health care from the Public Health Service and being prevented from carrying out their work.
– The period between the first day of the week thirty-ninth gestation and childbirth.
It is about offering an adequate regulation to these situations to eliminate discrimination in the workplace.
Birth and duration of the right
It will be the Social Security family doctor who assesses the disease. She must decide whether or not the woman’s menstrual pain is disabling, as well as the number of days off she needs. In any case, it is normal for these women to present a recurrent medical history of painful periods, which would facilitate medical evaluation.
Unlike what happens with the rest of temporary disabilities -in which the employee begins to receive the benefit from the fourth day-, in the case of secondary disabling menstruation, Social Security will pay the subsidy from the same day of leave. the job.
In the other two cases, it will be paid – charged to Social Security – from the day after the sick leave. For his part, the employer will have to pay the full salary corresponding to the day of temporary disability.
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