Can the sick leave be requested for painful menstruation?

Starting from June 1, 2023 according to Organic Law 1/2023, of February 28 (Official Gazette 01/03/2023), sick leave for painful menstruation is recognized. However, as specified in the law, this will only apply to women who suffer from incapacitating secondary menstruation, meaning they have menstrual pain caused by a previously diagnosed condition, such as endometriosis, for example.

According to Article 169 of the General Social Security Law, this sick leave will be considered a special situation of temporary incapacity due to common contingencies, and each process will be considered new without counting towards the maximum duration of the temporary incapacity situation or its possible extension. In other words, when a woman requests sick leave due to incapacitating secondary menstruation, each sick leave process is considered independent. This means that it is treated as a new situation and is not taken into account when calculating the maximum allowed duration of temporary incapacity or its possible extension.

It is also specified that the obligation to contribute to social security will continue during the temporary incapacity situation, and the subsidy will be paid by the Social Security from the day of the work leave.

To request sick leave for incapacitating secondary menstruation, as mentioned earlier and like any common illness, it is necessary to have the situation confirmed by a doctor.