The Ministry of Mines and Energy in Colombia is introducing a new initiative that is generating discussion and setting a precedent in the workplace. According to Pulzo (2025), through Resolution 40095, the Ministry is enabling telecommuting for women and menstruating individuals, under certain conditions.

What the Resolution Entails

According to Red+ Noticias (@RedMasNoticias, 2025), Resolution 40095, signed by the recently appointed Minister Edwin Palma, allows women to request up to three days of telecommuting per month if their medical condition warrants it due to menstruation-related symptoms. This measure aims to provide support to those whose health conditions require it during menstruation.

"This resolution represents significant progress in recognizing the specific needs of women's health in the workplace," says Alejandra Velásquez, a specialist in labor rights. The resolution, according to Pulzo (2025), stipulates that women must present a medical certificate every six months detailing their condition and recommendations for telecommuting authorization.

Requirements for Telecommuting

To access this benefit, women must:

  • Present a medical certificate every six months.
  • The certificate must specify the medical condition and recommendations for telecommuting.
  • Request the days in advance, justifying the need due to menstruation symptoms.

Precedents and Other Government Entities

The Ministry of Mines and Energy is joining other government entities that have already implemented similar initiatives. According to Pulzo (2025), entities such as Función Pública and the Superintendencia Solidaria have publicly announced similar measures, seeking to provide flexibility and support to their female employees. “These actions demonstrate a growing awareness of the importance of adapting labor policies to the specific needs of workers,” states Julián Bermúdez (2025), author of the Pulzo article.

Debate on Menstrual Leave

Although this type of initiative is seen as a step forward, it is not without controversy. According to Pulzo (2025), there is an ongoing debate in Colombia about menstrual leave and similar measures. Some women argue that these initiatives could lead to labor exclusion, as employers might be less likely to hire women to avoid these additional considerations.

International Perspective

Internationally, the recognition of menstrual rights as an integral part of labor well-being is limited. According to Pulzo (2025), few countries have formally recognized these rights. However, in Colombia, various groups have promoted the idea of menstrual leave, seeking to ensure that women have the necessary support during their menstrual period.

Can Medical Incapacity Be Requested for Menstruation in Any Company?

In Colombia, it is not common to grant medical incapacity for menstrual pain. According to Pulzo (2025), however, if there is a medical condition exacerbated by work functions, incapacity may be granted, not specifically for menstruation, but to protect the employee’s health. It is crucial to distinguish between normal menstrual discomfort and a medical condition that requires special attention.

The implementation of this resolution by the Ministry of Mines and Energy is generating a ripple effect, prompting other entities and companies to consider similar measures. "We hope this initiative encourages more companies to adopt policies that support the health and well-being of their female employees," concludes Velásquez.

What is Coming?

This decision by the Ministry of Mines is opening a space for discussion on the need to adapt labor policies to the specific needs of women. While some celebrate it as a victory for women's rights, others fear that it could generate unintended consequences in the workplace. What is certain is that the debate on menstrual rights and labor inclusion is far from over.

In conclusion, the measure adopted by the Ministry of Mines is an attempt to balance labor flexibility with the health needs of women. Its success will depend on how it is implemented and the response from other companies and government entities. The goal is to create a more inclusive and equitable work environment where the well-being of all employees is a priority.

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