Abstract

The notion of menstrual leave as a workplace leave entitlement has begun gaining global traction, with Spain recently becoming the first European country to implement a specific menstrual leave policy. South Africa’s labour law does not include a provision entitling female employees to menstrual leave. Consequently, women are forced to utilise their sick leave if they are unable to attend work due to menstrual pain and discomfort. Should the South African government respond to calls for the inclusion of menstrual leave in labour law, there are several factors which lawmakers and employers in South Africa would need to consider. This article examines relevant South African labour legislation and state obligations in terms of international, regional and constitutional law with a view to the introduction of menstrual leave in South Africa. It further assesses global best practice and provides an analysis of possible policy measures, practical implementation considerations and legislative amendments to the Basic Conditions of Employment Act 75 of 1997, while also examining the application of existing provisions within the Employment Equity Act 55 of 1998 in order to contribute to this discourse.