Statutory Menstrual Leave

Scott Arthur Excerpts

Monday 13th April 2026 Westminster Hall

[Dr Scott Arthur (Edinburgh South West) (Lab)]

You will not be surprised to hear me say, Mr Mundell, that it is a pleasure to serve under your chairmanship. I thank my hon. Friend the Member for Colne Valley (Paul Davies) for the way in which he introduced this debate, and other hon. Members for the excellent speeches that followed.

I recently met a constituent who lives in Chesser and has adenomyosis. During our meeting, she told me about the debilitating impact of the condition on her personal life and her work life, and it was a real insight for me. On some days, her pain is so severe that she struggles to walk or move around her home, even to reach the toilet. She also reminded me just how common endometriosis and adenomyosis are: given that around 10% of menstruators suffer from one of the two conditions, there could be thousands of people in Edinburgh South West who currently suffer from the regular and excruciating pain that they cause.

Although my constituent now has an employer who understands and accommodates her health needs and allows her to work from home or take leave for her condition, that has not always been the case. She recounted the degrading experience of having to explain her health issues in detail to a former employer, just for taking time off. Despite that, she was still given a written warning. It is such inconsistency among employers that motivated her to sign the petition and to meet me to ask, very politely, that I attend this debate on her behalf.

As we have already heard, up to one in six women with endometriosis have to leave the workplace due to their condition. For some women, that will be because they really cannot work due to the pain they suffer. Sadly, for other women, who can work and want to work, it may come down to a lack of accommodating workplaces. We have to be honest about that situation and say that it is discrimination.

I recognise the Government’s position that the provisions of the Equality Act 2010 should ensure the flexibility that is required for women affected by these conditions to take leave or for adjustments to be made for them. However, laws are only useful if they are respected and enforced. None the less, I hope that the reforms introduced in the Employment Rights Act 2025, including statutory sick pay, will ensure that further accommodations can be made.

I hope that the Minister will give some guarantee today that the Government will look at menstrual leave schemes abroad to inform the evidence-based best practice that we need in the UK. I also hope that the Government will do what they can to support businesses or organisations that decide to introduce such practice in the interim, simply because it is the right thing to do. I must be honest and say that I had not heard of the endometriosis-friendly employer scheme before, so it would also be interesting to hear what the Government are doing to support that scheme.

The data from the schemes implemented abroad show that they are unlikely to be abused. Although the petition we are discussing today relates to the scheme in Portugal, the introduction of a similar menstrual leave policy in Spain has not led to an avalanche of sick days being taken as a result. Although I know there have been some concerns about how easy it is to access that scheme, the Spanish allowance has been used just 1,550 times. It will hardly have a significant impact on the Spanish economy, but it will be a huge benefit to the women who are able to access it.

Equally, such schemes can help employees avoid having repeatedly to justify in detail absences that they require. With the Portuguese system of requiring only one initial confirmation of diagnosis, employees will likely be spared uncomfortable and degrading conversations with superiors and work colleagues about this medical condition.

I hope the Government will look to the positive impact of those schemes abroad and build up best practice for the UK. I want to make one last point: when I spoke about this debate on my Facebook page, many women who responded said that they were keener for GPs to be better informed about the condition, and for diagnosis to happen much quicker. I could not believe it took just over nine months for a diagnosis to take place—

[Bell Ribeiro-Addy (Clapham and Brixton Hill) (Lab)]

Nine years.

[Dr Arthur]

Nine years—apologies. It took just over nine years for a diagnosis to take place, given the pain we have heard about. We have heard in this debate about the real human impact that delay causes. That must be impacting our economy too, so I hope the Government will commit to studying the effect of these conditions on the economy, and perhaps that will justify action in this domain.

--- Later in debate ---

[Rebecca Paul (Reigate) (Con)]

It is a pleasure to serve under your chairmanship, Mr Mundell. I thank everyone for their powerful and often personal contributions today. First, I want to recognise Michelle Dewar, the tenacious campaigner behind today’s petition for menstrual relief. She is a great champion for women suffering with endometriosis and adenomyosis, and I congratulate her on securing over 100,000 signatures—not an easy task, but it showcases the strength of feeling from many on this important topic.

Endometriosis is a condition where endometrial tissue, similar to the lining of the uterus, grows in other places such as the ovaries and fallopian tubes. One in 10 women of reproductive age suffer with it, making it the second most common gynaecological condition in the UK. Common symptoms include chronic pelvic pain and heavy menstrual bleeding, making normal activities difficult. It predominantly affects women during their reproductive years. Adenomyosis, an often overlooked condition, has similar symptoms, but is where the lining of the womb starts growing into the muscle in the wall of the womb. It is commonly diagnosed in women over the age of 30, but can also affect younger women, as we heard today. Similar to endometriosis, it affects one in 10 women, with nearly 70% of women waiting over five years to get a diagnosis.

Michelle’s own journey with endometriosis began 24 years ago, causing her to miss school every month from the age of 14. Shockingly, it was not until she was 23, nine years later, that she received a diagnosis. Unfortunately, as we have heard today, her story is far from uncommon, with many women not receiving a timely diagnosis. It takes on average eight years and 10 months from the first GP visit to get a diagnosis.

Women’s symptoms are often dismissed and normalised, leaving them to struggle on with their pain, without treatment, without understanding and without support. The lack of understanding and knowledge of what constitutes a normal period or menstrual cycle also delays women seeking help and can leave family and friends uncertain how to provide support. No woman or girl knows what a normal level of period pain is without input from others, and lack of awareness leads to her not being well equipped to advocate strongly for herself with medical practitioners. We also need to recognise that there is still embarrassment and stigma around talking about periods, which can add to the challenge of getting adequate medical care when something is not right.

Recognising the challenges women face in their engagement with the healthcare system, in 2022 the then Conservative Government published the women’s health strategy for England, a 10-year programme committed to improving women’s health. The strategy seeks to address disparities in women’s healthcare and the under-representation of women in medical research. One of the strategy’s eight priority areas is menstrual health and gynaecological conditions, including greater awareness, earlier diagnosis and better treatment of endometriosis and adenomyosis.

As we have heard many times today, all aspects of the lives of women struggling with those conditions and enduring awful pain every month are impacted. It affects their relationships, their overall wellbeing and also their careers, and such debilitating conditions impact on earnings in the long term. Office for National Statistics data published last year shows a drop in monthly earnings among women aged 25 to 54 diagnosed with endometriosis from one to five years after diagnosis, compared with the two-year period before being diagnosed with the condition. Average pay decreased each year post diagnosis, culminating in a £130 monthly reduction in the four to five years post-diagnosis period. Although it is likely that different factors contribute to this change, it is none the less worrying that there is such a statistically significant drop in earnings post diagnosis.

Prompt diagnosis of these conditions is vital and the roll-out of community diagnostic centres will help immensely. Many of my own constituents stand to benefit from the recently opened community diagnostic centre in the Belfry in Redhill, which will deliver much needed extra capacity to perform diagnostic scans. That is exactly the kind of practical measure that can help women to get answers more quickly when their symptoms and pain suggest that something is wrong.

When a woman is suffering symptoms that mean that she is unable to work, the current option available to her is to take sick leave. That option is available to any employee with any condition or illness that leaves them unable to work. It is a broad, non-discriminatory entitlement available across almost all conditions. From 6 April this year, following recent changes by this Labour Government, when a person is unable to work due to ill health, they are entitled to statutory sick pay from the first day of illness. It is also relevant to note that statutory sick pay is now available to all eligible employees, regardless of their earnings.

The current approach to statutory sick pay therefore allows any woman who requires two to three days off every month due to endometriosis or adenomyosis to take the time she needs with sick pay. For that reason, the introduction of a specific menstrual leave is unnecessary as statutory sick pay already delivers what is being asked for. Statutory sick pay is the better mechanism to use, because it does not discriminate or restrict provision to highly specific conditions. Lupus, rheumatoid arthritis, Crohn’s disease, and ulcerative colitis are just a few examples of conditions that are equally debilitating and involve regular flare-ups—so it is entirely right that they are covered too.

[Dr Arthur]

The hon. Lady has done a great job of outlining the changes to workers’ rights in terms of sick pay. Can she confirm that her party voted against those measures? She has explained the benefit to women with these conditions, but the hon, Lady’s party absolutely opposed those measures.

[Rebecca Paul]

That is absolutely right. I am explaining the current system and why we do not need an additional level of menstrual leave. What the hon Gentleman said is correct and yes, we opposed those changes.

The approach taken in Portugal has been mentioned a number of times during this debate and in the petition itself, so it is important that I address the situation. Portugal introduced a menstrual leave policy last year, which gives the right to up to three days of paid leave per month for women diagnosed with endometriosis or adenomyosis and who suffer from severe and disabling pain. However, it is important to note key differences between the Portuguese system and ours which explain the difference in approach.

First, in Portugal, the first three days of ordinary sickness absence are generally unpaid, with sickness benefit usually only starting from day four. As I have just explained, in the UK statutory sick pay now begins from the first day of illness. Portugal has created a diagnosis-specific exception within a less generous baseline sickness system. The implementation of the same policy in the UK would therefore not deliver the same kind of incremental benefit because our general sick pay framework already covers short absences from day one and does not require a sick note for only three days’ absence.

It is also important to note that the protected characteristic of “disability” under the Equality Act 2010 may cover some women suffering from severe endometriosis or adenomyosis, depending on the effect that the condition has on their day-to-day activities. Where that is the case, they are protected from discrimination and their employer may be required to make reasonable adjustments. Reasonable adjustments can include changes such as phased returns to work, part-time working or flexible hours to support women to continue working when they are able to despite their condition.

The Conservative position is that a specific menstrual leave is not required. We are comfortable that existing sick leave provisions and discrimination protections already adequately protect women suffering with these conditions and ensure that they can take the time off they require every month. However, that does not mean that we do not think action is needed. We urge the Government to do all that they can to raise awareness of how severe these conditions can be and ensure that the NHS provides early diagnosis and treatment. We need to end the situation where women spend years in agony with no answers and support, and where employers are ignorant of how debilitating these conditions can be.