Menstrual health and employment law, with a special focus on the new regulation in Spain

Abstract

The newest and most comprehensive interdisciplinary term in discussion of menstruation is menstrual health. This concept has entered labour law mainly through the institution of menstrual leave. The article reports on a comparative research study based on the international literature about menstrual health and menstrual leave. This research is essential for sustainable labour law, as menstrual health concerns labour law not only from a fundamental rights perspective, but also to achieve equal treatment. It can also be linked to fair and decent working conditions. Countries follow different practices inside and outside Europe, so there is no common legal solution. The issue has global relevance, yet the EU member states are doing very little about it, with the recent exception of Spain, with the regulation implemented in 2023 on menstrual leave. Through a qualitative analysis of international literature, the aim of the study is to support the need for labour law regulation of menstruation.