In a landmark move blending medical science with progressive labor policy, Portugal has become one of the first countries in Europe to legally recognize the debilitating effects of menstrual “disorders” in its employment laws. As of April 2025, workers diagnosed with endometriosis or adenomyosis are entitled to paid menstrual leave – three days per month – without fear of lost wages or job insecurity. This targeted, medically grounded reform does not just address a long-overlooked workplace health issue; it sets a precedent for how nations can responsibly balance employee well-being with business realities. With this legal innovation, Portugal has signaled that menstrual pain is no longer a private struggle; it’s a public matter of rights and must be recognized and respected in the workplace as well.

According to the WHO, roughly 10% of the female population is affected by endometriosis worldwide. Endometriosis is a chronic and often painful condition where tissue similar to the lining of the uterus grows outside the uterine cavity, commonly affecting the ovaries, fallopian tubes, and other pelvic organs. Although the exact cause of endometriosis remains unclear, factors such as retrograde menstruation, genetic predisposition, and immune system dysfunction are believed to play a role. Diagnosis often involves clinical evaluation, imaging studies, and sometimes surgical procedures like laparoscopy. While there is currently no cure, treatment focuses on managing symptoms through pain relief, hormonal therapies, and surgery when necessary. Early diagnosis and proper management are crucial for improving outcomes, yet access to effective care remains limited in many parts of the world, even in Europe, where it takes an average of 8–10 years to detect.

Portugal’s new menstrual leave entitlement was established through Law No. 32/2025, enacted on 27 March 2025, which amends the Portuguese Labor Code by introducing Article 252-B. The law entered into force on 26 April 2025 and specifically provides for justified, paid absences for employees suffering from severe, incapacitating menstrual pain caused by endometriosis or adenomyosis, when medically diagnosed. This legal provision formally integrates menstrual health into the broader spectrum of labor protections, reflecting a significant shift toward medical realism and gender-sensitive workplace policy. It complements existing national healthcare objectives and aligns with Portugal’s commitments to improving diagnostic and treatment access under the National Health Service.

Clouds Over the New Amendment

This amendment marks a significant legal development in Portuguese labor law, addressing menstrual health as a workplace accommodation. By anchoring the leave to specific diagnoses and medical evidence, and integrating it into the Labor Code, Portugal sets a precedent for medically justified menstrual leave, while balancing employer responsibilities, employee rights, and broader health policy alignment. Despite being broadly welcomed as a step forward in recognizing menstrual health in the workplace, the new leave law has not escaped legal and social criticism. While the reform is narrow in scope (applying only to clinically diagnosed cases of endometriosis or adenomyosis), it nonetheless raises several concerns related to equality, enforceability, medical access, and employer obligations.

One of the primary legal challenges concerns the potential for discrimination or unintended stigma. Although the law intends to support those suffering from disabling menstrual conditions, critics argue that explicitly codifying a form of leave only accessible to a subset of women may reinforce outdated gender stereotypes. In practice, it may foster assumptions that women – especially those of reproductive age – are less reliable or more costly to employ. This could inadvertently result in a “chilling effect” in hiring or promoting women, raising concerns under anti-discrimination provisions in both the Portuguese Constitution and EU equality directives (such as Directive 2006/54/EC – The Equal Treatment Directive).

Legal scholars have also raised concerns about privacy and proportionality. Although the law does not mandate monthly renewal, critics warn that employers might still, in practice, seek ongoing proof, potentially infringing on the employee’s right to privacy. Balancing the need to verify eligibility with data protection requirements under the GDPR remains a live issue, particularly if employers overstep or misuse their access to medical data. The law grants paid leave to workers suffering from severe menstrual pain, but only where there is a verified medical basis –specifically, a diagnosis of endometriosis or adenomyosis. To access the leave, employees must present a medical certificate confirming both the clinical diagnosis and the presence of incapacitating menstrual pain. A single valid certificate is sufficient to support ongoing leave claims, minimizing both administrative burden and the need for repeated disclosure of sensitive health information. This approach not only acknowledges the chronic nature of the underlying conditions but also reduces the potential for embarrassment or unnecessary gatekeeping. Employers must adhere to the principles of data minimization and purpose limitation, only collecting the minimum necessary information to verify eligibility for leave, and using it solely for that purpose.

Additionally, all medical data must be stored securely, and access must be limited to authorized personnel, typically within HR or occupational health. Disclosure to colleagues, supervisors, or external parties is strictly prohibited. The law implicitly reinforces the employee’s right to medical privacy, and any misuse or overreach in handling such data could constitute a serious GDPR violation, for which the employer (and subsequently the violator) can be held accountable in court.

Further, the law’s reliance on medical certification creates a structural barrier for some eligible workers. Diagnosis of endometriosis or adenomyosis is often delayed due to systemic issues in women’s health care, such as lack of specialist access, underdiagnosis and societal taboos surrounding menstrual pain. Critics argue that limiting the benefit only to formally diagnosed individuals could exclude a significant number of those who suffer from similar symptoms but have not yet been identified through the healthcare system. This risks creating a two-tiered system of medical legitimacy and fails to fully capture the lived reality of many affected individuals.

From the perspective of employers, particularly small or resource-constrained businesses, the law introduces additional uncertainty. The leave is employer-paid, not state-funded, and although the three-day cap per month limits financial exposure, employers are still required to accommodate absences with limited notice. For sectors with tight staffing or high physical demands, this could present operational challenges. There is also legal ambiguity regarding how leave days should be scheduled or recorded, and whether employers have the right to request updated proof in the event of prolonged or repeated absences over time.

Lastly, some feminists and labor advocates have questioned the law’s scope and ambition. While it marks a meaningful acknowledgement of menstrual health, it is tightly circumscribed, excluding those with painful periods not caused by a formal diagnosis. In contrast, other jurisdictions – such as Spain – have adopted broader models that extend menstrual leave to all individuals experiencing severe menstrual symptoms, regardless of diagnosis. From this viewpoint, Portugal’s law is seen as too cautious, more symbolic than systemic.

Constitutional Interpretation

While the new menstrual leave is not expressly codified as a fundamental right within the Portuguese Constitution, it draws normative legitimacy from several constitutional provisions that safeguard health, equality, and dignified labor conditions. Accordingly, the right to menstrual leave, though statutory in nature, can be interpreted as a legislative expression of pre-existing constitutional principles without shifting towards the extremes of human-rightism.

Firstly, the right to health, enshrined in Article 64 of the Constitution, establishes that every citizen is entitled to health protection and that the State has a duty to ensure access to healthcare and to promote conditions that protect physical and mental well-being. The menstrual leave law, which specifically targets clinically recognized conditions such as endometriosis and adenomyosis, reinforces this constitutional mandate by enabling affected individuals to recover from debilitating pain without jeopardizing their employment or income. In this sense, the leave can be seen as a legislative measure designed to operationalize the constitutional guarantee of health.

Secondly, Articles 58 and 59 recognize the right to work and the entitlement to fair, dignified, and physically tolerable working conditions. Severe menstrual disorders can substantially impair an individual’s capacity to perform work tasks without “adequate accommodation”. By permitting justified absences for medically diagnosed conditions, the law gives effect to the State’s obligation to prevent exploitation and promote humane working conditions. This aligns with the broader constitutional objective of safeguarding human dignity in the labor context.

Moreover, Article 13 of the Constitution enshrines the principle of equality, prohibiting discrimination on grounds such as sex. Although the menstrual leave law applies specifically to conditions that predominantly affect individuals assigned female at birth, it does not constitute unlawful positive discrimination. Rather, it may be viewed as a form of substantive equality, correcting for structural disadvantages that uniquely affect a segment of the workforce. In doing so, it supports the Constitution’s vision of material, not merely formal, equality.

Finally, the law’s reliance on medical certification and related documentation raises important considerations under Article 26, which protects the right to personal identity and privacy. The processing and handling of medical data must be conducted in strict accordance with the GDPR and related national data protection laws. Any interference with the employee’s right to privacy must satisfy the constitutional test of proportionality and necessity.

Despite these challenges, Portugal’s legal recognition of menstrual health as a matter of labor rights constitutes a meaningful shift in public policy. It reflects a medically grounded, constitutionally supported effort to align workplace protections with the lived realities of affected women and may serve as a legal model for other jurisdictions. Going forward, its effectiveness will depend on how it is implemented, interpreted by courts, and complemented by broader health care and equality measures. Menstrual leave in Portugal is not merely a matter of statutory entitlement; it is a reflection of evolving legal consciousness about gendered health disparities, labor dignity, and the constitutional imperative to protect both physical well-being and personal autonomy in the workplace.

Dorina BOSITS is a law student at the Széchenyi István University of Győr, Hungary, and an international finance and accounting graduate of the University of Applied Sciences of Wiener Neustadt, Austria. The main area of her research includes freedom of speech, digitalization, data protection, and financial law. She is a postgraduate student at the Center for Public Law at MCC and a member of ELSA Győr.