‘Menstrual Leave and Sick Leave are Different’
‘We disagree that it should be sick leave. Menstruation is not a sickness, as we know’
Tuesday 14 January 2025 | 14:37
Participants during the public consultation review of the Employment Relations Act 2007 and WorkCare Bill 2024 held at the Tanoa International Hotel in Nadi on January 13, 2025. Photo: Mereleki Nai
Menstrual leave should be separated from sick leave was a point raised by Felix Anthony, General Secretary of the National Union of Workers, during the nationwide public consultation on the Employment Relations Act 2007 and Work Care Bill 2024.
The consultation, held yesterday at the Tanoa International Hotel in Nadi, was attended by stakeholders from various sectors.
Mr Anthony was responding to a proposed amendment to Section 68, which would allow women to use three of their ten days of sick leave for severe, debilitating menstruation.
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The amendment was discussed by Acting Permanent Secretary for Employment, Productivity, and Industrial Relations, Atish Kumar.
“We disagree that it should be sick leave. Menstruation is not a sickness, as we know,” Mr Anthony said.
He urged the ministry to reconsider this approach instead of creating a separate leave category for menstruation.
“I ask the ministry to reconsider that and have a special leave for it.”
Mr Anthony also addressed concerns about family care leave, reminding attendees that five days of family care leave had previously been available before the pandemic, though it was temporarily suspended.
Fiji Trades Union Congress general secretary Felix Anthony (left) with Minister for Employment, Productivity and Industrial Relations, Agni Deo Singh. Photo: Mereleki Nai
“It was suspended because of the pandemic. Of course, the Ministry has decided it will be three days, and we see that as a start, hoping that we can get back that five days in a short time,” he said.
He emphasised that when the leave was initially implemented, public holidays were reduced by three days, a fact many had overlooked.
In his comments on maternity protection, Mr Anthony pointed out a significant omission in the law.
“We would like to see that no woman must be disadvantaged in any way by taking maternity leave, and when they get back to work, they get back to their own jobs or something of their equivalent, without any loss of any benefits whatsoever,” he said.
“That seems to be the omission in the current law.”
Acting PS Kumar responded, clarifying that the existing maternity protection provisions ensure that women returning from maternity leave will receive full pay and return to the same or a similar job, without the risk of demotion or being assigned a job they cannot perform.
“That provision is still there in the law, and that female will be able to get the same job or higher position,” he added.
The public consultation also saw many participants voicing their views on the proposed changes to labour laws, as discussions continue on how to improve protection and benefits for workers in Fiji.
Feedback: mereleki.nai@fijisun.com.fj
