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.
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
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.
What is Coming?
- Red+ Noticias (@RedMasNoticias). (2025, March 19). #ATENCIÓN | Por la cual se habilita el trabajo en casa para mujeres y personas menstruantes y se dictan otras disposiciones dentro del Ministerio DE MINAS Y ENERGÍA [Tweet]. Twitter. URL of the tweet