Beyond sanitary towels, Kenya needs menstrual leave policy

Millions of Kenyan women suffer silently every month, powering through workdays filled with cramps, hormonal imbalances and chronic conditions like endometriosis, fibroids and polycystic ovarian syndrome (PCOS).

Despite this reality, most workplaces remain ill-prepared to accommodate menstrual-related absenteeism. The conversation around menstrual health remains fixated on pads, leaving behind issues of dignity, workplace equity, and legislative protection.

="https://www.standardmedia.co.ke/health-science/article/2001513429/why-menstrual-cups-could-be-the-answer-to-period-waste-pollution">As the world marks< Menstrual Hygiene Day 2025 under the theme; “Together for a #PeriodFriendlyWorld,” Kenya finds itself at a crossroads in the journey towards menstrual equity.

While the country has made notable progress in expanding access to menstrual hygiene products, including the enactment of the Provision of Sanitary Towels Act, 2024, a structural issue remains unaddressed—menstrual leave.

Reproductive health advocates argue that it's time to go beyond the pad. “Menstrual health must include recognition of menstrual pain, protection from discrimination, and legislative action that allows people to manage menstruation without shame or penalty,” says reproductive health lawyer Margaret Nyambura of KELIN.

While Kenya’s Employment Act allows staff to take up to 14 days of sick leave (seven on full pay and seven on half pay), many barriers make this provision inaccessible, particularly for women in informal or probationary employment. “Most workplaces do not permit sick leave until after the probation period, which can stretch up to six months. Even then, women avoid taking time off due to fear of termination or being labelled as unreliable,” says Nyambura.

Further complicating the issue is the need for medical certification. Since many women manage menstrual pain with over-the-counter medication from local chemists, obtaining a doctor’s note for something so normalised—and stigmatised—can feel both impractical and humiliating.

“In the informal sector, the problem is worse. Here, the concept of a paid sick day is virtually non-existent, leaving women to choose between earning their daily wage and tending to their health,” says Nyambura.

The passage of the Provision of Sanitary Towels Act, 2024, was a significant milestone. The law mandates the free distribution of quality menstrual products in public institutions and correctional facilities.

="https://www.standardmedia.co.ke/business/amp/health-science/article/2001510963/the-painful-reality-of-toxic-substandard-sanitary-towels">It also establishes< an inter-ministerial committee to oversee implementation, involving key ministries such as gender, education, health, and finance.

However, experts warn that while access to products is critical, it is not sufficient.

“Period poverty is about more than just affordability—it’s about dignity, education, and inclusion,” says Albertine Uwimana, UNICEF Kenya's WASH specialist.

Uwimana outlines the major menstrual health challenges still facing Kenya. Stigma and taboos that lead to social exclusion, lack of WASH facilities in schools and workplaces, limited access to medical care for conditions like endometriosis and poor menstrual literacy especially among out-of-school adolescents.

A recent 2024 Ministry of Health and Amref survey revealed that 64 per cent of girls in rural Kenya miss at least one day of school each month due to menstruation. Among women in urban informal settlements, 47 per cent reported skipping work days during their period due to pain or lack of sanitary facilities.

Globally, countries like Spain, Japan, and Indonesia have recognised the need for menstrual leave. Spain’s 2023 law provides up to five days of menstrual leave, covered under its broader social protection framework.

Japan has had a menstrual leave policy since 1947, although uptake remains low due to cultural stigma.

Closer to home, Zambia stands out as the only African country with a menstrual leave policy. Zambian women are entitled to one day off per month—no questions asked.

“Zambia's model is ideal because it respects women’s dignity by not requiring medical proof. That’s the kind of compassionate policy we should aim for in Kenya,” Nyambura says.

Opponents of menstrual leave often cite potential abuse of the policy and concerns about workplace equity. Would such a law disadvantage woman in hiring or promotions? Could it be seen as a ‘special treatment’ that undermines the fight for gender equality?

="https://www.standardmedia.co.ke/opinion/article/2001459115/step-up-fight-against-climate-change-and-biodiversity-loss#google_vignette">Nyambura counters< this by framing the policy as a gender-responsive approach—akin to maternity leave or gender budgeting.

“Equity is not sameness. It's about fairness and meeting people’s unique needs. Recognising menstrual health as part of reproductive health is essential for full human rights,” she says.

Nyambura notes that the path to legislative reform is steep but not impossible. It would require, political will from parliament, support from women legislators, especially the Kenya Women Parliamentarian Association (KEWOPA) Partnerships with legal and health experts, such as FIDA-Kenya, KELIN, and the Kenya Obstetrics and Gynaecology Society and Buy-in from employers, including the Federation of Kenyan Employers.

“Unfortunately, Kenya’s Parliament often votes along party lines. Even with support from women MPs, the process might span two legislative terms,” Nyambura observes.

She suggests a phased approach—perhaps beginning with optional remote work days or flexible hours during menstruation.

“Not every menstruator needs time off, but the option should exist. A woman should not have to prove her pain to access basic dignity,” she adds.

Kenya has made strides in recognising menstrual health under the broader umbrella of Sexual and Reproductive Health Rights (SRHR). The Menstrual Hygiene Management (MHM) Policy 2020–2030 emphasises access to products and WASH facilities, particularly in schools.

However, it is relatively silent on issues of workplace dignity, menstrual education, or leave provisions.

Public outrage over incidents such as the 2023 case involving Brown’s Cheese Factory—which required women to disclose their menstrual cycles to justify unsanitary practices—highlight growing awareness and pushback against menstrual discrimination.

“It's also critical to recognise that not all menstruators identify as women. Intersex and non-binary individuals who experience menstruation often face compounded stigma and invisibility in public discourse and policy design,” says Nyambura.