NHSScotland 'Once for Scotland' Workforce Policies - Managing Health at Work - Public Consultation

2. Menopause and Menstrual Policy

2.1. Aim

2.1.1.The Menopause and Menstrual Health Policy aims to:

• Support employees in their experience of menstrual health and menopause in the workplace and help them to minimise the impact it can have.
• Create an environment where employees feel confident in raising issues about their menstrual health or menopause symptoms and receive the support, including any adjustments which can be put in place so they can comfortably work.
• Increase awareness of menstrual health and menopause through education, inclusive discussions, and compassionate leadership.

2.2. Scope

2.2.1.NHSScotland recognises that menopause and menstrual health do not exclusively apply to employees who identify as women.

2.2.2.This policy applies to all employees. It also applies to workers i.e. bank, agency and sessional workers. References to employees should be taken to apply to workers unless otherwise stated.

2.2.3.This policy is compliant with current legislation and meets the aims of the Public Sector Equality Duty of the Equality Act 2010 .

2.3. Definitions

2.3.1.Menstrual cycle is the monthly process in which an egg develops, and the lining of the womb is prepared for a possible pregnancy.

2.3.2.Menstrual health is a state of complete physical, mental, and social well-being, not merely the absence of disease or infirmity, in relation to the menstrual cycle.

2.3.3.A period is part of the menstrual cycle when women, girls, and people who menstruate, bleed from their vagina.

2.3.4.Period products absorb or collect the blood that is released during a period.

2.3.5.Menopause transition has 3 stages:

• perimenopause is the time from the start of the menopausal symptoms until after the employee has experienced their last period.
• menopause is defined as the last menstrual period. Menopause is reached when there has not been a period for 12 consecutive months.
• postmenopause is when the employee has not experienced a period for over a year, but some women do continue to experience symptoms of menopause.

2.4. Roles and responsibilities

2.4.1.There is a range of standard expectations which underpin all policies. Read more about standard roles and responsibilities. In addition, the following specific responsibilities apply to this policy.

2.4.2.In addition, the following specific responsibilities apply to this policy.

2.4.3.Manager

2.4.4.The manager should:

• Support employees who choose to disclose they are experiencing menstrual health-related symptoms, a menstrual health condition, or menopausal symptoms.
• Access appropriate information to increase their own knowledge and awareness of menstrual health and menopause related symptoms.
• Consider any appropriate workplace adjustments for the individual and their working environment.
• Review the support arrangements regularly as menstrual health and menopause symptoms can change over time.
• Make sure employees are aware of sources of help support within NHSScotland including referring to occupational health services (OHS) where appropriate.
• Support an employee who is absent from work due to menstrual health related symptoms, a menstrual health condition, or menopause, by following the Attendance Policy.
• Adopt a person centered approach to an employee experiencing challenges undertaking their role due to menstrual health or menopause through supportive conversations and adjustments set out in the Capability Policy.

2.4.5.Employee

2.4.6.The employee should:

• Recognise personal responsibility to take reasonable care of their own health and wellbeing.
• Speak to their manager at the earliest opportunity to make them aware that menopause or menstrual health-related symptoms are having an impact on them at work.
• Consider any support and workplace adjustments that may help them to carry out their duties.
• Maintain an ongoing dialogue with their manager to review any agreed workplace adjustments.

2.5. Procedure

2.5.1.Effective support for and management of employees with menopausal and menstrual health symptoms can help to:

• improve team morale
• retain valuable skills and talent
• address inequalities
• reduce sickness absence

2.6. Supportive Conversation

2.6.1.When an employee notifies their manager that they are experiencing symptoms which have a negative impact at work, the manager and employee should have a conversation as soon as possible. Trade Union representatives can also provide a role in supporting employees to have supportive conversation with managers.

2.6.2.Symptoms associated with menopause and menstrual health are often considered a private and personal issue. It may make it difficult for employees to talk openly about how these symptoms are affecting them at work.

2.6.3.The aim of the conversation is to check whether any necessary revisions, amendments or support would be helpful. The manager should take a note of the meeting and provide a copy to the employee. This should detail any agreed adjustments and period for review.

2.7. Workplace support and adjustments

2.7.1.There are practical adjustments which can support all employees experiencing menopause or menstrual health related symptoms. It is recognised that not all can be implemented in all workplace environments.

2.8. Absence recording

2.8.1.When an employee is absent from work due to menopause or menstrual health related issues, managers should follow absence recording procedures outlined in the Attendance Policy.

2.9. Resolution of disagreements

2.9.1.Should a disagreement arise, the employee has the right to raise matters under the Grievance Policy. It may be appropriate for either party to seek advice on resolving the matter from HR colleagues or a trade union representative. They should seek early resolution wherever possible.

2.10. Related Policies

2.10.1 The following policies are related to the Menopause and Menstrual Health Policy.

• Attendance Policy
• Capability Policy
• Flexible Work Location
• Flexible Work Pattern Policy
• NHSScotland National Uniform Policy
• Equality, Diversity and Inclusion Policy

2.11 Supporting documentation

It is proposed that the supporting documents listed below will be developed to support the policy. Supporting documents are not part of the consultation. These will be drafted following the consultation when responses have been analysed and the policy is developed in a final draft.

• Employee guide
  Descriptor: guide to help employees use and understand the Menopause and Menstrual Policy.

• Manager guide
  Descriptor: guide to help managers use and understand the Menopause and Menstrual Policy.

2.12 Consultation questions

We are inviting responses to this consultation using the Scottish Government’s consultation hub. The following questions are set.

In your response, all questions have the option to answer yes or no. You are invited to provide further comment in a free text box. If you wish to make specific reference to a section of the policy, please quote the relevant numbered line in this consultation document.

1. Do you feel there are any gaps in the policy?

2. Do you feel there are any gaps in the proposed list of supporting documents?

3. Do you have any other comments to make on the policy?

4. Do you have any views on the potential impacts of this policy on equalities groups?

It is against the law to discriminate against someone because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are protected characteristics under the Equality Act, 2010.