Posted on 05/09/2022 9:46:51 AM PDT by Brookhaven
A reader writes:
I’m a manager in an overseas office of an American company. About two-thirds of our employees were hired locally, with the remainder (mostly managers) having relocated from the United States.
Under local law, women are allowed one day off per month to care for menstrual symptoms. Women wishing to use this benefit are required to give notice by the start of the workday that they will be absent, manager approval is not required, and it will not count against their leave balance.
Our legal division, based back in the the States, determined that this local rule is unfair because it: (1) constructively requires women to disclose their menstrual/health status by virtue of invoking that leave category, and (2) it is discriminatory because it provides a benefit to women that men do not receive. I disagree with point 1 on the basis that one is technically disclosing their health status anytime they request sick leave and no one seems to mind that. Point 2 feels very “why is there no white history month?” to me, but okay.
Anyway, the legal division advised that we have to extend this benefit to all local employees. So now, even though local law does not require it, our branch has a policy that any locally-employed member of staff can take an unscheduled day off every single month, no questions asked. (Note: This law was the result of years of women’s rights advocacy. The letter of the law is not perfect since obviously not all women menstruate, and not all people who menstruate consider themselves women. Local law controversially does not acknowledge transgender, nonbinary, and intersex persons. But the spirit of it was definitely meant to accommodate menstruation and did not contemplate cisgender men availing themselves of period leave. Women workers here use an honor system and take very seriously the need to only invoke this leave category when they truly need it for fear of ruining it for others.)
It is becoming a mess. I have had no issues with the women on my team, but a locally-employed man on my team (who has made it clear he is not a trans man) is clearly misusing this leave category. For example, we were closed for a local holiday on Thursday and again the following Monday. He took “period leave” the Friday in between, even though it left us in the lurch for a big meeting that day in which he had a key role. Everyone knows he did that just to give himself an extra long weekend, during which he openly went on a pre-planned vacation. When I tried to level with him offline as in “Dude, you know this leave category is meant for women, what are you doing?” he looped in HR, who warned me that I’m not allowed to question an employee’s use of period leave. I feel like I’m taking crazy pills!
(Women had started calling these leave days “mother’s day” to be delicate. When my male direct-report called out last week, he said he was taking a “father’s day,” but HR confirmed that’s not a thing. It’s still period leave, it’s just that men are also entitled to it.)
Are we really just stuck with this ridiculous rule? I’m ready to write to legal to suggest an alternative interpretation, but I’m not sure what alternative will satisfy both the spirit of the local law and U.S. non-discrimination laws. A local friend in another industry told me her company has a rule that “period leave” cannot be taken on a Friday, Monday, or adjacent to a holiday. While that solves part of the problem, what if someone really does happen to have debilitating menstrual cramps on one of the blackout days? I’d love to hear your input and that of your readers.
This is ridiculous.
Does your male coworker want cramps too?
I don’t know how I feel about the period leave system in general, but I’m not part of the culture that has it. It apparently works in the culture you’re in. Trying to making another culture’s law comply with U.S. employment law is at the root of this, and it’s unnecessary. U.S. law doesn’t apply where you are; the laws of your jurisdiction do. Your U.S. headquarters isn’t required to impose U.S. rules on your office (just like a London-based employer isn’t required to apply UK vacation minimums to U.S.-based employees).
Your country’s law is saying, “We’re giving this accommodation to everyone with this specific medical condition (difficult periods).” By responding that everyone must get that, your U.S. office is doing the equivalent of saying “if people with wheelchairs get special parking, everyone needs to get special parking.” Moreover, they’re undermining the accommodation for people who do have difficult periods — the very people it was intended for — because now they get a day off when they feel sick, and non-period-having people get a day off for fun. That’s not equal and it’s clearly not what the law was intended to do. (And yes, women in your office could respond by taking a day off every month whether they need it or not, but that sounds totally at odds with the culture of this benefit in your country.)
It might be interesting to talk with a local lawyer about whether your company’s “solution” violates the local law — because if the law is written in a way that requires women to be given an additional day, separate from the rest of the time off the company provides, your company’s policy wouldn’t comply.
Your point 2 feels very racist to me. What is wrong with White people having a month to celebrate their heritage and their history? You don’t have a problem when others get the same. Remember, racism is treating people differently based on their race rather than their individual merit, the content of their character, their objective performance, etc.
I was curious too: Japan, South Korea, Taiwan, Indonesia, and Zambia
https://en.wikipedia.org/wiki/Menstrual_leave
“Cramps do not discriminate by gender”
Well women do have a massive ball of muscles in their gut whose sole job is to contract in a painful way.
Just asked by Bernie-supporting employee what she thought of this. She was perplexed, then angry. “If guys got cramps once a month that were so bad they didn’t want to get out of bed, then they should get a day off.” She was dripping with sarcasm.
“Then you think employers should treat employees differently based on biological sex? Or should all employees, regardless of declared gender, get one extra day off per month?”
Stumped her.
On my staff (Where I’ve been a smoker most of the time) I had a 4:00 tea time with the non-smokers. Smokers were not invited.
Everyday 30 minutes break - paid - for non-smokers.
I’ve also never worked in a place that allowed “period days” or time off for anything short of illness.
I did have an employee I defended for more time off - She had terrible cycles that would often put her in a hospital. I managed to get unpaid time off with no disciplinary action. Best I could do.
I have orthopedic birth defects that give me more painful days than pain-free days. I’m not allowed more time off for it.
I happened to overhear a supervisor talking about a coworker of mine who takes ‘mental health days’ every single month when she was scheduled to work. I didn’t hear anything else about it so not sure how they handled it but I wasn’t happy this unbalanced woman was able to pull this crap - we worked 14 days a month - she was taking an additional 2 off so she only worked 12 days a month.
Why not simply call it “Personal Leave” and give them 12 days? They wouldn’t need to disclose the reason as “Period” and it won’t count toward vacation.
= = =
Good and logical, but . . . .
“The men get the leave too, so I don’t feel special.”
As my mom used to tell her nurses…. Come in with a heating pad. You’ll get through it
Hi.
Why didn’t I think of that?
5.56mm
Yes, the men get the leave too.
They should stipulate that only 1 personal day is allowed per month to handle any number of personal issues (i.e. period, doctor’s appointment, buy a car, etc.)
It would satisfy the 1st and 2nd concerns, but would make the days available to all employees.
If we have a female president (VP ?) will she have to take a day off every month?
My ex-wife used to get bad PMS every month and took it out on me.
I told our friends I was the one who really suffered from PMS.
Yes, overseas. Hopefully it won’t reach the US.
Ah give the women their day. I’m blessed enough to NOT have to go through what they have to go through for generally up to a week every month.
I DO get the “you can’t have it both ways” argument.
But I say, make them promise to be as nice and as minimally cranky as possible during the other 3-5 days and they can get one to deal with their monthly bill.
I like that someone at last admits that there is no “white history month”.
Really?
And this occurred overseas, so I'm not sure what sort of laws they have about this.
Just call it a mental health day for the men. A man having to deal with an office of menstruating women throughout the month is surely worth of that.
Countries that already offer the health benefit include Japan, South Korea, Indonesia, and Taiwan. Italy was considering it in 2017.
https://www.popsugar.com/news/Which-Countries-Have-Paid-Menstrual-Leave-Women-43364319?msclkid=d9eb9ab2cfd711eca490c070a3ce70ec
Do you know why it is called PMS?
Mad Cow Disease was already taken.
Equal work for equal pay?
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