Action over perfection

Entering the workforce as a new lawyer, I was eager to prove I could work as hard as everyone else. This meant that working myself to the bone even while suffering from dysmenorrhea. However, there were days when it was just impossible to work through the pain. As I experienced, men often did not understand the concept of dysmenorrhea. One lawyer once complained to his fellow senior lawyers about my being absent because of it. Fortunately, several other senior lawyers are women. They (firmly) educated the rest that yes, dysmenorrhea is real.

Years later, I explored the implementation of a menstrual leave policy in our own company. Being a perfectionist, I first wanted to be sure it was part of best practices and supported by data proving its effectiveness. Interestingly, menstrual leave was introduced as early as 1947 in Japan. Companies cannot require women to work if it would be difficult for them during their menstrual period. However, there is no requirement for companies to pay for the leave.

In South Korea, women are entitled to one-day menstrual leave per month and an additional pay if the leave is not taken. In Indonesia, on the other hand, women can take two days of menstrual leave each month. The most generous appears to be Taiwan where women have three days of menstrual leave per year, in addition to the 30 days of sick leave per year. Spain is the only country in Europe that has a menstrual leave policy, allowing women three days of paid menstrual leave, extendible to five days for severe symptoms when supported by a doctor’s note.

In the Philippines, several bills have been proposed. In 2023, House Bill No. 6728 was filed which entitles every female employee who have rendered at least six months of service to a monthly menstruation leave of up to two days. A similar bill, HB 7758, grants all women employees both in the private and public sectors a maximum of two days of fully paid leave every month. Meanwhile, Senate Bill No. 1545 mandates a one-day fully paid monthly leave for female employees during their period.

Menstrual leave policies are not without their naysayers. The common argument against its implementation cites the additional financial burden it would impose on businesses and its potential room for abuse. Others worry that it would increase the stigma around menstruation and even discourage the employment of women in the workforce. Others maintain that there is not enough data to determine its real impact on productivity and overall success. However, I realized that there will never be enough data unless we try.

So last year, we implemented a menstrual leave Policy in ESCA Engineering, allowing women to take one-day paid leave when their period prevents them from working. In our town hall meeting this February, I asked our staff what company benefits they appreciate the most, and I was amazed to hear the women express how big of a help the menstrual leave was for them.

More importantly, doomsayers’ predictions didn’t happen. Since its implementation, we did not experience a dip in productivity and neither did we notice abuse of its use. Unsurprisingly, members of the gender who suffer enormous physical pain were not prone to trivializing its effects.

While this may seem novel, we are not alone. Since 2022, La Union as well as Tangalan, Aklan has been allowing female government employees to work from home during their period.

In line with this year’s theme of Accelerating Action, let us not be hindered by analysis paralysis nor by the presence of opposition. Neither should we wait for legislation before taking more steps to advance the cause of women. The so-called stigma can be properly addressed not by avoiding the issue but by facing it head-on through proper education and awareness to enlighten everyone on its significance.

It is well to be reminded of the mandate of Article XIII Section 14 of the 1987 Constitution that states: “The State shall protect working women by providing safe and healthful working 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.”

I would rather we err on the side of creating a supportive work environment that will allow women to be successful at work without sacrificing their health and well-being. To counter centuries of bias and discrimination, we need to take bold steps not only in leveling the playing field but also in getting more women into the ring in the first place.

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Jean de Castro is the CEO of ESCA Engineering, championing the use of technology in engineering design, project construction management, and Building Information Modeling. She is a certified BIM manager and construction arbitrator. ESCA is the first engineering consultancy member company of the Philippine Business Coalition for Women Empowerment.

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Women Who Lead is an initiative of PhilWEN.