Abstract

Background: Menstrual leave is a mandatory right that must be fulfilled by employers for the women while working. However, this matter is difficult to implement for the entrepreneurs, in which the presence of women is perceived as spoiled because they take menstrual leave. This condition contradicts with the condition of the women who experience period pains on the first day of the period that hinders the activities at work. Therefore, it is important to research the menstrual leave from the perspective of health law in Indonesia.

Aim: To understand and analyze menstrual leave from the perspective of health law in Indonesia.

Methodology: This research uses a qualitative method with a normative juridical approach. The data collection technique is conducted through a literature study.

Conclusion: Menstruation for women is a monthly cycle. It is not easy for women to carry out their activities especially on the first day of the period. As regulated in Law Number 13 of 2003 concerning menstrual leave for workers and Law Number 36 concerning Health. However, the situation is contrary to the reality, where the company does wrongdoing such as, does not issue menstrual leave or does not write down the absence of menstrual leave in an agreement.

Keywords: Menstrual, legal aspect, employment