Register now or log in to join your professional community.
Actually it's an important question which has many possible scenarios that related to the condition of the employed woman, how sensitive her position is and whether she has colleagues in her departments or not.
However, regardless of all scenarios, the answer is simple only if the manager is willing to keep diversity of employees because it will need him to make some effort and to be flexible.
The manager may choose between using Job Rotation or Task Shifting. Those two tools can ensure that all duties of the employed woman will be fulfilled during menstrual, pregnancy or maternity leave.
Several women get in pain when get menstrual cycle.
Women who suffer from period pains and feel under the weather each month should get paid leave, a leading doctor has suggested. 'During that period, most women experience psychological and physiological discomfort,'
There are two types of dysmenorrhea: primary dysmenorrhea occurs during the first red day and can cause vomiting, nausea and paleness. Secondary dysmenorrhea begins up to seven days before the period starts and will reach intensity for the first few red days and gradually reduce in intensity.
Gynecology consultant said a common cause of dysmenorrhea is endometriosis, the appearance of endometrial tissue outside a woman's uterus which results to pelvic pain.
However, dependence on painkillers to alleviate dysmenorrhea is an issue.
"The women won't be able to tolerate any pain in the body without taking an extremely strong pain relief medication,".
Other women also suffer from heavy periods called menorrhagia, where women lose huge amounts of blood during consecutive periods. This condition can affect a woman physically, socially and emotionally, as well as disrupt everyday activities.
The following examples of countries that have implemented menstrual leave, pregnancy and maternity leave :
(1)In Indonesia under the Labor Act of, women have a right to two days of menstrual leave per month.
(2)In Japan, Article of the Labour Standards Law states "When a woman for whom work during menstrual periods would be specially difficult has requested leave, the employer shall not employ such woman on days of the menstrual period." While Japanese law requires that a woman going through especially difficult menstruation be allowed to take leave, it does not require companies to provide paid leave or extra pay for women who choose to work during menstruation.
(3)In Korea, not only are female employees entitled to menstrual leave according to the Article of the Labour Standards Law, but they are also ensured additional pay if they do not take the menstrual leave that they are entitled to.
(4)The Philipines government considered the House Bill, known as the Menstruation Leave Act of, which was initiated by the Alliance of Rural Concern (ARC) representative. The bill aimed to grant mandatory menstruation leave to all private and government female employees, except those pregnant and menopausal, at half pay.
(5)In Rusia, a draft law was proposed in to give women two days paid leave per month during menstruation.
(6)In Taiwan, the Act of Gender Equality in Employment gives women three days of "menstrual leave" per year, which will not be calculated toward the days of "common sick leave", giving women up to days of "health-related leaves" per year. The extra three days do not come with half-pays once a woman employee exceeds the regulated.
(7)In Hong Kong, although the government has not enacted any law regarding menstrual leave yet, but some institutions and companies do have menstruation leave for female staff, sometimes a menstrual leave is applicable for female students.
The general rule is that pregnancy must be treated in the same manner that the employer treats other temporary physical disabilities. Therefore, if the employer continues to pay other temporarily disabled employees, it must pay pregnant women. If the employer requires use of vacation and/or sick leave for temporary disabilities, then it may require the same for pregnancy.
An employee cannot be laid off or fired while pregnant or on leave for reasons related to her temporary disability. However, an employee while pregnant or on maternity leave is not immune from a general and legitimate lay off of employees for performance requirements.
If an employer provides health insurance coverage for temporary disabilities, coverage must include pregnancy, childbirth and related medical conditions. If the particular policy purchased by the employer excludes pregnancy, the employer will be considered to be self-insured regarding pregnancy and thus be responsible for all pregnancy-related costs equal to costs covered by the policy for other temporary physical disabilities.
The Maternity Protection Convention, (No.) extends the scope of overage to all employed women, no matter what occupation or type of undertaking (including women employed in atypical forms of dependent work). This convention offers the framework which can be used to spear-head positive action in addressing maternal health, economic security, and gender equality. The mother’s right to a period of rest when a child is born is the core element of maternity protection, together with adequate means of supporting herself and her family and a guarantee of being able to resume work after the leave. The purpose of maternity leave is to safeguard the health of a woman and that of her child during the perinatal period, in view of the particular physiological demands associated with pregnancy and childbirth. Maternity Protection Convention (No.3) and (No.) stipulate a week leave period, while Maternity Protection Convention, (No.) provides for a leave of at least weeks, with extension to weeks encouraged by the accompanying Recommendation (No.). Globally, per cent of countries provide for at least weeks of maternity leave, and per cent provide for weeks or more.
Best practices to avoid pregnancy-related discrimination
Typically, there are four phases of employment where you can identify and prevent pregnancy-related discrimination.
During job selection and/or job promotion
•When advertising job opportunities, do not exclude women who are pregnant or who are of assumed childbearing age.
•When interviewing, do not ask candidates about plans to have children, use of birth control, or pregnancy. You can ask if the candidate can work the required hours.
•Do not deny hiring, training or promotional opportunities because of pregnancy,or the intention to take maternity leave.
During pregnancy
•Do not unreasonably withhold leave to attend pregnancy-related appointments.This may be leave with or without pay, depending on your workplace.
•Do not deny sick leave to pregnant employees when they are ill.
•Do not force employees to take maternity or pregnancy-related leave.
•Do not terminate employment contracts or term employment early because of pregnancy, or an employee’s intention to take pregnancy-related leave.
•When restructuring or downsizing, assess all positions in the same manner.
During maternity leave or pregnancy-related absence(s)
•Ensure that employees on maternity or pregnancy-related leave are still eligible for benefits that are available to employees. Employees responsible for a portion of the cost of benefits during employment, continue to be responsible for that portion while on maternity or pregnancy-related leave.
•Make employees on maternity or pregnancy-related leave aware of job opportunities that become available and allow them to apply.
•Allow employees on maternity or pregnancy-related leave to continue to accrue seniority and years of service.
•Inform employees on maternity or pregnancy-related leave of any changes to their job, and provide them the opportunity to participate in any related discussions or consultations.
During an employee’s return to work after pregnancy-related
or maternity leave
•Allow employees to return to the same job, or a similar job if their original job no longer exists.
•Give employees any wage increases that came into effect while they were on maternity or pregnancy-related leave.
•Provide accommodation for employees who breastfeed or express/pump breast milk.
Accommodation solutions
Managers and supervisors should seek out creative and flexible responses to
individual pregnancy-related needs. Temporary solutions can include the following:
• flex-time
• changing or sharing shifts
• light duties
• job-sharing or task-sharing arrangements
• safer duties
• modified uniforms
• a different job
• extra washroom breaks as needed
• no shift work
• time off for pregnancy-related medical appointments
• no overtime
• preferred parking
• leave or a leave extension
• flexible start time to deal with morning sickness or breastfeeding schedules
• part-time work
• alternate work arrangements
• allowing work visits of a newborn to breastfeed
• longer or extra breaks and a private place to breastfeed or express milk
