Rules Regarding Menstrual Leave and Fixed Wages Paid, UM Surabaya Lecturer Gives Response

• 08 Feb
• 2023

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Rules Regarding Menstrual Leave and Fixed Wages Paid, UM Surabaya Lecturer Gives Response

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• By Uswah Sahal
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Menstruation or also known as menstruation is one of several bodily experiences, especially the female reproductive organs. During the menstrual phase, signs and symptoms that are often experienced by women include; pain in the stomach, feeling like pressure in the stomach, feeling pain in the hips, lower back, and inner thighs. Other symptoms can include headaches, nausea or diarrhea. These symptoms usually last for 1 to 3 days.

This, reinforced by the results of a survey by the American Congress of Obstetricians and Gynecologists, said that more than half of women experience pain during menstruation, for one to two days. This pain is called dysmenorrhea. The American Academy of Family Physicians released data that 20 percent of women experience dysmenorrhea which is quite severe and even interferes with daily activities.

Based on this study, it is not wrong if since 2003 Indonesia has enacted Law Number 13 of 2003 concerning manpower, namely article 81 paragraph 1.

“The article reads; Women workers or laborers who are menstruating feel sick and tell the employer they are not obliged to work on the first and second days during menstruation," said Arin Setiyowati, a lecturer at UM Surabaya and a women's activist.

Arin explained, in the clause of the law it is clear that there are no provisions regarding the form of notification from the female worker to the employer in question. This also includes whether or not it is obligatory for female workers who are menstruating to notify the employer with a doctor's letter.

"Provisions regarding the form of notification are further regulated in work agreements, company regulations, or Collective Labor Agreements (PKB)," he added.

Furthermore, Article 93 paragraph 2 letter stipulates that the employer's obligation to continue to pay wages to workers or laborers by fulfilling the following elements; (a) the worker or laborer is willing to do the work, (b) the work has been agreed with the employer, (c) the entrepreneur does not employ the worker or laborer, (d) the worker or laborer is not employed by the employer due to his own mistakes or due to avoidable obstacles by businessmen.

However, if the clause in Article 81 paragraph 2 is positioned by the company to make it difficult to grant permission for menstruation leave, it will burden women who are menstruating when they have to ask for time off from work because of menstruation. Until article 93 paragraph 2 is violated by the company, then it goes further in article 186 that companies that do not provide menstruation leave rights for their female workers will be subject to sanctions. Namely imprisonment for a minimum of 1 month and a maximum of 4 years. You can also be fined a minimum of IDR 10 million and a maximum of IDR 400 million.

"Another urgent thing that needs to be considered by the company is that if you take female workers on menstrual leave, it will not reduce the worker's or laborer's annual leave allowance," said Arin again.

Arin emphasized that menstruation leave is an important issue for women and needs to be a common concern, bearing in mind that menstruation leave is part of women's reproductive health, which of course has a long-term impact on the health of the nation's generation and civilization.

Second, menstruation leave as well-being, which has a continuous impact on the welfare of the family and the wider environment.

"So, giving menstruation leave is part of women's human rights as human beings (HAM). In addition, menstruation leave is important to be given to female workers regardless of work status and length of service," she added.

At the end of his statement, he emphasized that the state must be more observant in supervising the implementation of menstruation leave, so that technical implementation in the field is not complicated or hindered by companies.

"In addition, considering that the level of knowledge about menstruation leave is still low for female workers, the state must also conduct socialization more intensely to all levels," concluded Arin.