Abstract

ASCANIO RINCON, Andrea Camila; MARQUEZ CASTILLEJO, Andrés Samuel  and  ASCANIO MANTILLA, Nataly Juliana. The Need for Regulation on Leaves of Absence for Public Employees Suffering from Dysmenorrhea in Colombia. Opin. jurid. [online]. 2022, vol.21, n.45, e17.  Epub June 14, 2024. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n45a17.

The purpose of this article is to determine why public employees in Colombia should be granted a leave of absence for dysmenorrhea, due to the recognition of women as subjects of special protection in the Colombian legal system. For the development of the research, a methodology with a legal hermeneutic approach was used through a theoretical-documental analysis; applying the exegetical and systematic method to study the Colombian normative framework that regulates the protection of women and the conditions for granting work leaves as administrative situations, which are proper to public employees in this country. Through the analysis of the norms in force in the legal system, the jurisprudential decisions in Colombia on the subject under study and the case of the Court of Administrative Justice of the State of Mexico, it is possible to demonstrate the viability of this new type of leave for those public employees who medically prove that they suffer from dysmenorrhea; indicating also that this leave must be periodic and cannot be understood as a sick leave.

Keywords : special protection; women; equality; public employees; leave; regulation; dysmenorrhea.

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