The new menstruation leave has been approved by the Organic Law 1/2023, of February 28th. It modifies the Organic Law 2/2010, of March 3, on sexual and reproductive health and the voluntary interruption of pregnancy.
Thus, in its Third Additional Provision, three new special situations of Temporary Incapacity (I.T.) are included. These would come into force three months after publication in the Official State Gazette. That is, as from June 1, 2023.
New menstruation leave 2023
Firstly, women with secondary incapacitating menstruation are expressly recognized as entitled to a special situation of temporary incapacity. This is known as the new menstruation leave 2023.
Therefore, the law expressly states that the special situation of temporary incapacity due to common contingencies will be considered to be that sick leave that a woman may be on in the event of secondary incapacitating menstruation or secondary dysmenorrhea associated with pathologies. Each process will be considered new, not relapse. Not computed for the purposes of the maximum period of duration of the TI situation, and of its possible extension.
Secondly, the other novelty is the recognition, as special situations of temporary incapacity for common contingencies, of those due to the interruption of pregnancy, voluntary or involuntary. As long as the affected person receives health care from the Public Health Service and is unable to work.
In the two previous cases, no minimum contribution period will be required.
Finally, the woman’s pregnancy is recognized as a special situation of TI from the first day of the 39th week. Unless she is at risk during pregnancy. In this case, the interested party will be required to prove the minimum contribution periods foreseen for the childbirth and child care subsidy (art. 178.1 LGSS). Depending on her age at the time of commencement of the leave. In cases of accident or occupational disease, no prior contribution period is required.
Payment of the new menstruation leave 2023
In the case of incapacitating menstruation, the allowance will be paid by the Social Security from the day of the medical leave. But in the other two special cases, the payment will be made from the day following the day of the medical leave, and the employer will be responsible for the full salary corresponding to the day of the medical leave.
