"Need to Submit Sanitary Pads to Use Menstrual Leave?" Restrictions on Menstrual Leave Spark Human Rights Controversy

"Submit 'Sanitary Pad Photos' for Menstrual Leave Application," Human Rights Commission Complaint
Union: "Menstrual Leave Rights Violation, Personal Dignity Insult, and Gender Discrimination Must Be Corrected"
Experts: "Menstrual Leave Is a Worker’s Right, Employers Must Guarantee It"

Female counselors at the National Health Insurance Service Customer Center filed a complaint with the National Human Rights Commission, demanding that the requirement to submit photos of sanitary pads in order to use menstrual leave be abolished. Photo by Yonhap News

[Asia Economy Reporter Kim Su-wan] Recently, controversy has erupted after it was revealed that female counselors at the National Health Insurance Service (NHIS) customer center filed a complaint with the National Human Rights Commission of Korea (NHRCK), claiming that the employer demanded submission of "photos of sanitary pads" as proof when applying for menstrual leave. Female workers are raising their voices, saying their legally guaranteed rights are being violated. On the other hand, some men argue there is concern about abuse of the menstrual leave system, intensifying the conflict surrounding this issue.

Menstrual leave is an unpaid leave provided to female workers for one day per month. Employers must grant menstrual leave upon request from female employees. It applies regardless of whether the worker is daily or temporary staff and regardless of the number of working days. This is stipulated in Article 73 of the Labor Standards Act, and violations are punishable by a fine of up to 5 million won under Article 114 of the same Act.

However, despite these legal provisions, it appears that menstrual leave is not being properly granted. On the 7th, the Korean Public Service and Transport Workers' Union held a press conference in front of the NHRCK in Jung-gu, Seoul, stating, "NHIS customer center counselors are being asked by the company to submit proof documents when applying for menstrual leave, violating the Labor Standards Act and infringing on human rights," and filed a complaint requesting the NHRCK to correct the discrimination.

The complainants are counselors from the NHIS Gyeongin 3 Customer Center, where the employer had required submission of related proof documents and leave applications 15 days in advance for menstrual leave.

According to the counselors, in October, when one counselor took menstrual leave on the day, the team leader said, "People who have not experienced menstrual pain do not understand it, so verification may be necessary," and added, "In other companies, employees sometimes send photos of sanitary pads."

The union pointed out, "Forcing submission of photos of sanitary pads as proof is an infringement of 'privacy and freedom' and a violation of personal rights that causes humiliation and shame."

Moreover, they were sometimes forced to come to work after taking medicine and fill out leave applications or use annual leave.

Another counselor said that after taking menstrual leave on the morning of a workday, the next day the team leader told her, "Take medicine and come to work to fill out the leave application, or if you cannot come, use annual leave."

The union argued, "Although menstrual leave may inevitably be used on the day itself, penalizing employees for taking leave on the day effectively restricts the use of menstrual leave," and added, "Suppressing menstrual leave threatens women's reproductive rights and health rights and constitutes gender discrimination."

On the morning of the 7th, in front of the National Human Rights Commission of Korea in Seoul, members of the Korean Confederation of Trade Unions Public Transport Workers' Union and the National Health Insurance Customer Service Center Branch are shouting related slogans at the press conference for the complaint to the Human Rights Commission regarding the coercion of proof and prior approval for workers applying for menstrual leave. Photo by Yonhap News

As a result, women are expressing outrage, saying, "I don't understand why we have to endure sexual harassment to use legally mandated leave," and "People who have never experienced menstrual pain are claiming that the law is being abused." Legally, all female workers can take menstrual leave once a month if they wish, but restrictions on this are being criticized as human rights violations.

According to statistics released by Statistics Korea, more than half of women in the country experience menstrual pain severe enough to disrupt daily life, and about 20% suffer pain so intense that normal daily activities become difficult.

Menstrual pain is a common gynecological symptom experienced by approximately 50-60% of women of reproductive age in their 20s to 40s.

Typical symptoms of severe menstrual pain include lower abdominal pulling or pelvic pain, but headaches, nausea, breast pain, constipation, and depression often occur simultaneously, making it virtually impossible to maintain a normal daily routine during menstruation.

Despite this situation, some men are pushing back, claiming that menstrual leave is often abused. On the Blue House's public petition board, a petition titled "Abolish Menstrual Leave" was posted. The petitioner stated, "Menstrual leave is only available to women, and the government provides it as a consideration because menstruation is difficult, but the current state of menstrual leave is very serious," and claimed, "Many people deliberately take menstrual leave by attaching it to weekends even when they are not menstruating." The petitioner further demanded, "Why is there leave that only women can freely use? Please abolish menstrual leave."

Experts point out that menstrual leave is a worker's right, and employers must guarantee leave when requested by employees.

Na Ji-hyun, Chairperson of the National Women's Labor Union, said, "Menstrual leave was originally paid, but it has now changed to unpaid. Also, menstrual leave can be used regardless of whether the worker is regular or non-regular. Currently, menstrual leave is also available in middle and high schools as well as universities," and criticized, "Requiring submission of proof documents is truly an absurd occurrence."

She added, "I consider this a regressive act," and said, "Women's health and work-related issues are being distorted like this. I hope this incident will help establish a proper social awareness of menstrual leave."

There are also expert opinions calling for new legislation to protect women's health. In the report "Policy Directions and Tasks for Guaranteeing Women's Sexual and Reproductive Health and Rights" (Korea Women's Development Institute/2018), researchers Kim Dong-sik, Song Hyo-jin, Dong Je-yeon, and Lee In-seon emphasized, "The social atmosphere that stigmatizes menstruation and regards it as abnormal behavior acts as an obstacle for women to confidently manage menstrual health and to focus on and participate in other activities," and stressed, "Apart from the unpaid menstrual leave system under the Labor Standards Act, there are no legal provisions. Whether under the Maternal and Child Health Act or laws related to women's health or sexual and reproductive health, it is necessary to legally stipulate policies guaranteeing menstrual-related women's health and menstrual rights as a legal basis."