Written Question · S6W-39244 · Session 6
Whether it will consider introducing legislation to entitle people to paid leave when experiencing severe and disabling pain caused by endo…
The question
To ask the Scottish Government whether it will consider introducing legislation to entitle people to paid leave when experiencing severe and disabling pain caused by endometriosis or other chronic menstrual pain conditions, similar to legislation in other countries such as Law 32/2025 in Portugal.
The answer
Workplace support via income replacement benefits such as Employment and Support Allowance and Universal Credit, which provide financial support to people of working age who are unable to work due to illness, are reserved to the UK Government. However, our Adult Disability Payment provides financial support to recognise the additional costs of being disabled or living with a long-term health condition.As this is a reserved area the Scottish Government is not currently considering legislation to entitle people to paid leave for symptoms of pain caused by endometriosis or other chronic menstrual conditions.The health and wellbeing of women at work is a key element of fair work and we know that lack of support for women experiencing menstrual or reproductive health conditions can have a detrimental impact on their employment.Our Fair Work First Guidance provides good practice examples for supporting women and allowing them to maintain their careers. For example, access to flexible working is of vital benefit to workers who may need to balance work with managing health conditions. Asking employers to offer flexible working from day one of employment has been a principle of Fair Work First since October 2021.Through our Women’s Health Plan, a national Menopause and Menstrual Health Workplace Policy for NHS Scotland was published in October 2023 seeking to better support employees and their line managers. The resources are intended for use more widely across a variety of employment sectors and are available on the National Wellbeing Hub, which is accessible to the public.The Scottish Government published the Population Health Framework (PHF) on 17 June 2025. The PHF includes a commitment to publishing a Health and Work Plan later this year. This will be a sector wide action plan, developed in partnership with Public Health Scotland (PHS) and employers, to deliver actions aimed at mitigating trends in economic inactivity.
In the Official Report
No contribution in the Official Report cites S6W-39244 by reference.