There is undoubtedly a general stigma in the workplace surrounding periods and menstrual health. For employees, talking to their manager or employer about period issues can be uncomfortable and embarrassing. Many may also be concerned about looking ‘weak’ or unreliable if they take time off work because of their period.
For those women that struggle on with the pain and discomfort, despite good intentions, presenteeism can become an issue, with a potential loss of productivity on a monthly basis resulting from the pain or heavy bleeding.
In this guide for employers, we outline how to approach period-related absence, and we consider whether organisations should look to implement a period policy to support their female workers.
Absence due to period issues
Employers should have an absence policy in their employee handbook and a procedure in place for reporting absence. Following that policy, they can seek an explanation for an employee’s absence and many employers will do this, as a matter of course, by conducting a return to work interview on their first day back. Managers conducting the interview should continue use this as an opportunity to prompt the employee, get a fuller picture and assess for signs of an underlying medical condition.
Premenstrual syndrome, or PMS is a serious condition which often mistaken for period pain. Although both can be debilitating, PMS has a wide variety of symptoms beyond the common complaints of period pain, and can last significantly longer. This is why an understanding of the employee’s situation may help an employer judge what the best course of action is and how long the employee may be absent for.
If, and when, period pain cited by the employee as their reason for absence, employers needn’t depart from the usual approach. However, whilst at liberty to assess whether a reason provided for absence is genuine, any employers taking the view that the symptoms aren’t a legitimate illness and therefore not a good enough reason to be absent from work, would be taking a risk which could amount to discriminatory conduct.
Employers are free to review the explanations provided by an employee, consider any trends, and look to approach them to discuss their level of short/intermittent absences and consider what steps each could take to address this.
Employers who consider period pain not to be a ‘good enough’ reason for absence risk complaints of unlawful discrimination.
However, is it this approach that is ultimately responsible for employees being reluctant to disclose symptoms as their reason for absence?
If period pain remains ‘taboo’ in the workplace, perhaps citing this as a reason for absence carries with it some stigma that makes employees reluctant to share. Employers are clearly not doing enough. Reducing this stigma could help to boost employee engagement, diversity, and inclusion in the workplace. Normalising period pain – and discussions of women’s health more generally – may therefore the most important barrier to overcome.
Advice for employers
There is currently no legal right to ‘period leave’ in the UK, in contrast with countries such as Japan and South Korea who introduced such measures over 50 years ago. However, take-up of this legal right by employees in those countries has, arguably, decreased with wider changes in attitudes and increased protection for employees in the workplace.
Employers can improve their overall approach to short or intermittent absences and help tackle those factors which appear to have exacerbated the concerns of employees when absent for this reason. To do this, employers should:
Be empathetic and supportive
Employers should combat judgmental and prejudicial behaviour in the workplace surrounding the symptoms of period pain. Managers could be better trained on handling return to work interviews to ensure employees are aware the forum is a safe space and an opportunity to understand and explore.
Act reasonably
Employers should always act in accordance with their absence policy and remain reasonable when addressing short or intermittent absences. When assessing for signs of an underlying medical condition, managers should take notice of patterns which indicate heightened symptoms, such as monthly absences for one or two days. Employers too should consider again their policy and procedure for reporting absence, especially where absence trigger points are utilised.
Be flexible
Period pain will affect employees in different ways. Employers should consider the facilities available in the workplace and adjustments to an employee’s role e.g. working hours, requests to occasionally work remotely etc. Employers can help create a positive working environment by being open and flexible if, and when, these symptoms are cited by the employee as their reason for absence.
Period policy
In recent years, many businesses have introduced a menopause policy to address the issues experienced by female employees during this time. If you are considering implementing a period or menstruation policy, you should be sure it addresses all the issues of periods at work, for example:
- Treating menstruation absence separately, as with absence that is related to pregnancy or a disability, so as not to penalise female employees by having to deplete their sick leave.
- Providing opportunities for restful working circumstances and self-care for employees experiencing symptoms of menstruation and menopause.
- Being flexible depending on the employee’s needs, providing for the following options:
- Option to work from home
- Option to stay in the workplace under circumstances which encourage the comfort of the employee such as resting in a quiet area
- Option to take a day’s paid leave, whereby employees may be entitled to a maximum of 12 paid days per calendar year (pro-rata, non-cumulative) in the event of inability to perform work duties because of menstruation and menopause, and their associated symptoms, with no medical certificate required.
By supporting a more open and supportive approach to periods in the workplace, and ultimately treating people with dignity and respect, organisations can create more productive, healthy and dynamic teams.
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Period Policy at Work FAQs
What is a period policy, and why is it important?
A period policy is a workplace guideline that outlines how an employer will support employees who menstruate. It is important because it promotes inclusivity, improves employee well-being, and ensures that the workplace is accommodating to the needs of all employees.
Do employers in the UK legally need to have a period policy?
There is no specific legal requirement for UK employers to have a period policy. However, general health and safety laws, as well as equality laws, may make it advisable for employers to consider implementing one to support employee welfare and ensure compliance with broader legal obligations.
How can a period policy benefit a business?
A period policy can benefit a business by improving employee satisfaction, reducing absenteeism, and fostering a more inclusive workplace culture. It demonstrates that the employer values the well-being of their staff, which can enhance employee retention and attract new talent.
Should a period policy apply to all employees, regardless of gender?
A period policy should be inclusive and apply to all employees. While it primarily addresses the needs of those who menstruate, it is important to recognise that transgender men and non-binary individuals may also be affected. The policy should also educate and involve all employees to foster understanding and support.
What should be included in a period policy?
A period policy should include provisions for flexible working arrangements, access to sanitary products, and adequate facilities. It should also address the need for education and training for managers and employees, as well as provide guidance on how to discuss and manage menstruation-related issues sensitively.
How can employers implement a period policy without making employees uncomfortable?
Employers should approach the implementation of a period policy with sensitivity and respect for privacy. Engaging employees in the development of the policy, providing clear communication, and offering anonymous feedback channels can help ensure that the policy is supportive and not intrusive.
What if an employee feels uncomfortable discussing menstruation with their manager?
Employers should ensure that there are alternative channels for employees to communicate their needs, such as through HR or an anonymous reporting system. Training managers on how to handle these discussions sensitively is also crucial to creating a supportive environment.
How can small businesses implement a period policy with limited resources?
Small businesses can still create a supportive environment by offering flexible working arrangements, ensuring access to sanitary products, and fostering a culture of openness and support. Even simple measures, such as allowing employees to take breaks when needed, can make a significant difference.
Glossary
| Term | Definition |
|---|---|
| Period Policy | A workplace guideline outlining the support provided to employees who menstruate, including accommodations like flexible working hours and access to sanitary facilities. |
| Menstruation | The monthly process where the lining of the uterus is shed through the vagina, often referred to as a period. |
| Inclusivity | The practice of ensuring all employees, regardless of gender, feel valued and supported, particularly in relation to policies like the period policy. |
| Flexible Working | An arrangement where employees have some control over their work hours and location, allowing them to adjust their schedules to accommodate personal needs. |
| Sanitary Facilities | Restrooms and related amenities that provide access to hygiene products and ensure a clean and comfortable environment for menstruating employees. |
| Employee Well-being | The overall health, happiness, and comfort of employees in the workplace, which can be enhanced by supportive policies like a period policy. |
| Equality Laws | Legislation in the UK that aims to prevent discrimination and ensure fair treatment of all employees, regardless of gender or other characteristics. |
| Absenteeism | The habitual non-attendance of an employee at their job, which can be reduced by supportive policies such as those addressing menstrual health. |
| Non-binary Individuals | People who do not exclusively identify as male or female and may require consideration in workplace policies, including period policies. |
| HR (Human Resources) | The department responsible for managing employee relations, including implementing workplace policies such as period policies. |
| Employee Assistance Programmes (EAPs) | Services provided by employers to help employees deal with personal problems that might affect their work performance, health, and well-being. |
| Privacy | The right of employees to keep their personal health information, including issues related to menstruation, confidential. |
| Workplace Culture | The shared values, beliefs, and practices within an organisation, which can be positively influenced by inclusive policies like a period policy. |
| Legal Obligations | The duties and responsibilities that employers are required to fulfil under UK law, including those related to employee health and safety. |
| Support Structures | Systems and resources put in place by employers to assist employees with their needs, such as those related to menstruation. |
| Anonymous Reporting System | A method that allows employees to report issues or provide feedback without revealing their identity, often used to encourage honest communication. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
