Women in China advocate for legally enforced menstrual leave
In China, a salesperson named Zhang Qi often grapples with lower back and abdominal pain during her period, making it difficult to work while selling cosmetics to customers. This is a common issue for many women, and Zhang Qi supports the idea of period leave as a beneficial workplace policy.
However, the current status of period leave in China is not legally mandated under the national labor law. While the concept has been around since the 1990s, with guidelines recommending one or two days off for women with severe menstrual symptoms based on a medical diagnosis, these provisions remain in departmental and advocacy regulations without binding legal force on employers.
Some local jurisdictions such as Shanghai, Guangdong, and Jiangxi provinces have implemented policies granting period leave with varying terms and pay standards. Yet, unlike marriage or maternity leave, which have clear legal definitions nationwide, period leave remains a patchwork of non-binding policies without consistent national legislation or enforceability.
Experts urge the inclusion of period leave as a labor right to provide women with protected time off without fear of employer rejection or disciplinary consequences. Medical professionals also stress the importance of recognizing menstrual pain’s impact seriously beyond it being considered normal.
Yao Junchang from the W&H Law Firm in Beijing stated that it's necessary to include period leave in the national labor law so that women can take time off without worry. Similarly, some provinces and cities in China have issued guidelines to support period leave, aiming to protect women's right to paid rest during menstrual cycles.
Despite these efforts, applying for period leave remains difficult due to the lack of legal binding force on employers. Many women take sick leave to cope with menstrual pain, but obtaining a medical diagnosis can be inconvenient, and employers may reject the request because period leave is not legally mandated.
The concept of period leave dates back to the 1990s, when several central government agencies jointly issued a regulation requiring employers to grant one or two days of leave to women with severe symptoms, provided they present a hospital diagnosis. A more recent regulation jointly issued last year by six central departments in China also mentioned period leave.
However, these government documents are advisory in nature and lack the force of law, making them difficult to enforce in practice. This is where the need for national legislation comes into play. Many female workers in China are advocating for the implementation of "period leave", allowing them to take a few days off due to menstrual pain.
Wang Yu, a doctor at Beijing Obstetrics and Gynecology Hospital, emphasized the importance of seeing a doctor when experiencing menstrual pain as it could indicate an underlying medical condition. Menstrual pain is a harmful stimulus that can disrupt a woman's daily life, work, or studies and deserves greater attention, according to Wang Yu.
As the movement for period leave gains momentum in China, it remains to be seen when and if it will be formally enshrined into national labor law. Until then, women like Zhang Qi continue to struggle, balancing their pain and their work obligations.
- The current national labor law in China does not legally mandate period leave as a workplace policy.
- Market experts and medical professionals advocate for the inclusion of period leave in the national labor law to provide women with protected time off.
- Some local jurisdictions in China have implemented period leave policies with varying terms and pay standards, but they are not nationwide laws.
- Period leave remains a contentious issue due to its lack of legal binding force on employers, making it difficult for female workers to apply for time off.
- The AI-driven health-and-wellness sector could potentially play a role in ensuring women receive appropriate care for menstrual pain and advocating for the implementation of period leave as part of a comprehensive women's health policy.
