The Seventieth Legislature of the Congress of Durango approved the ruling presented by the Labor, Welfare, and Social Security Committee, establishing the obligation of the three branches of state government to grant their female employees two days of paid medical leave per month to women and menstruating individuals whose cycle prevents them from performing their duties.
To this end, Article 38 Ter was added to the Law of Workers in the Service of the Three Branches of Government of the State of Durango. Therefore, to be eligible for this benefit, interested parties must present a medical certificate to the corresponding department of their workplace. This certificate must be issued by a gynecologist from a public health institution. The certificate will be valid for six months from the date of issuance, after which a new medical evaluation must be performed to confirm the diagnosis. This evaluation may not be considered an occupational disease or work-related injury.
With the implementation of this right, the State will optimally guarantee the right to decent work, preventing women and menstruating workers from having to report to work while experiencing severe pain and symptoms that incapacitate them. Furthermore, it will prevent them from having their rest days deducted from their wages due to absences, or even from being dismissed for repeated absences.
This, in addition to eliminating all forms of gender inequality and discrimination, will contribute to the cultural shift needed to achieve a more egalitarian society between women and men. It will also contribute to the enjoyment of the right to health.
The draft decree reads as follows: Article 38 TER. – Women and menstruating workers diagnosed with severe endometriosis, or primary or secondary dysmenorrhea to a disabling degree, will be entitled to two days of paid leave each month to be absent from their workplace.
Source: elsiglodetorreon
