The Spanish Parliament recently approved legislative
modifications that include a new regulation on sick leave due to
'secondary incapacitating menstruation.'
The Spanish Parliament on 20 February 2023 approved
modifications to the law on sexual and reproductive health and
abortion, including a new regulation on sick leave due to
'secondary incapacitating menstruation'. Although the Act
has not yet been published in the Official Gazette, we do not
expect changes to this new regulation.
While the Government's initial proposal was to give female employees
a right to paid leave for incapacitating menstrual periods and
oblige employers to continue paying salaries during that leave, the
new regulation does not recognise such paid leave. However, the new
regulation recognises 'secondary incapacitating
menstruation' as a type of temporary sick leave for common,
non-occupational illness leading to the payment of statutory sick
leave benefits, the cost of which will be
