Unlike the government's initial proposal - which provided for a right to paid leave for incapacitating menstrual periods and to oblige employers to continue paying wages during such leave - the new regulation does not recognise such paid leave.

The new regulation recognises 'secondary incapacitating menstruation' as temporary sick leave for common, non-occupational illness, leading to the payment of statutory sick leave benefits, the cost of which will be assumed by the State. 

Female employees must be diagnosed with this pathology before taking sick leave and obtain a public medical certificate for each monthly incapacitating situation. 

Employers will still be obliged to pay the employer's social security contributions for the affected employee during the leave. 

The debates around menstrual were intense, with concern on whether such a policy can help or hinder women. The measure has created divisions among politicians and unions that could stigmatise women in the workplace and favour the recruitment of men.

Menstrual leave is currently offered only in a small number of countries across the globe, among them Japan, Indonesia, Zambia, Taiwan, Vietnam, and South Korea. 

The Act has still to be published in the Official Gazette.