Organic Law 1/2023
The European Parliament resolution of June 24, 2021, on the state of sexual and reproductive health and rights in the EU in the context of the women's health, highlights the importance of protecting these rights defining reproductive and sexual health as a state of physical, emotional, mental and social well-being in relation to all aspects of oneself.
In this sense, it has recently been approved Organic Law 1/2023, of February 28, which modifies Organic Law 2/2010, of March 3, on sexual and reproductive health and voluntary interruption of pregnancy.
This new law introduces the necessary changes to guarantee the correct application of women's sexual and reproductive rights. Besides, the standard improves the treatment of those situations pathologies that affect women's health during menstruation, as well as the usual medical leaves from the first day of the thirty-ninth week of gestation. The law also contemplates the provision of measures for public entities to guarantee reproductive rights in the gynecological and obstetric field.
Three new situations of temporary disability
Among them are three new temporary disability situations for women that are considered common contingencies: secondary disabling menstruation, the situation after the interruption of pregnancy and pregnancy from the thirty-ninth week.
- Secondary disabling menstruation refers to dysmenorrhea generated by a previously diagnosed pathology. Pathologies such as endometriosis, fibroids, pelvic inflammatory disease, adenomyosis, endometrial polyps, polycystic ovaries, or difficulty in the flow of menstrual blood of any type, which may imply symptoms such as dyspareunia, dysuria, infertility, or heavier bleeding than normal, among others.In this special situation of temporary disability due to disabling menstruation, the subsidy will be paid by Social Security from the day of sick leave from work.
- The second special situation of temporary disability is the situation after the interruption of pregnancy, whether voluntary or not..
This temporary disability benefit will be paid to Social Security from the day following the day of sick leave from work, being at the employer will be responsible for the full salary corresponding to the day of sick leave.
- The third special situation of temporary disability is pregnancy from the thirty-ninth week.. At this stage of pregnancy, women may experience various health complications and risks, and labor may be difficult or dangerous for them and the fetus. In the special situation of pregnancy from the first day of the thirty-ninth week of pregnancy, the subsidy will be paid by Social Security from the day following the day of sick leave from work, The employer will be responsible for the full salary corresponding to the day of sick leave.
All these new measures will begin to be applied from June 1, 2023 that try to provide adequate regulation to these situations in order to eliminate any type of negative bias in the workplace.
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