Menstrual Leave

According to the American College of Obstetricians and Gynaecologists, period pain, or dysmenorrhea, is a common phenomenon. More than half of menstruating women experience pain for one or two days every month. For some, the pain is so severe that they are unable to perform normal activities for several days.

need for menstrual leaves?

• Menstrual leave is required because menstruation can cause a variety of painful and debilitating symptoms, making it difficult for women to perform their jobs.

• Ensure job security: This type of leave enables women to take time off when they need it without fear of losing pay or facing disciplinary action.

• Ensure productivity: This helps to ensure that women can fully participate in the workforce and perform to their full potential.

• Removes stigma and discrimination: Menstrual leave can also help to reduce the stigma associated with menstruation and promote a culture of openness and support for women.

The Supreme Court of India rejected a PIL (Public Interest Litigation) regarding menstrual leave for workers and students across the country. The court called it a policy matter and pointed out that menstrual pain leave has different dimensions and may also act as a disincentive for employers from engaging female employees.

This was not the first time the issue was raised before the courts. In 2020, the Delhi High Court had similarly directed the Central and Delhi governments to consider as a representation, a petition seeking paid menstrual leave for women government employees - including daily wage and contractual workers.

Regardless of such directions, there seems to be little or no action taken at the Central level to introduce a country-wide framework to facilitate paid menstrual leave.

While this is the case, a couple of Indian states already have such policies in place.

As far back as in 1992, the Bihar government offered women in the workforce two days of menstrual leave a month.

On January 19, 2023, the Kerala government issued an order granting menstrual leave for students in all state-run higher education institutions.

In 2017, Arunachal Pradesh MP Ninong Ering introduced ‘The Menstruation Benefits Bill, 2017′ in Parliament. It was represented in the Lok Sabha on the first day of the Budget Session in 2022, but was dismissed as an “unclean topic,” according to the petition.

In 2018, Shashi Tharoor introduced the Women’s Sexual, Reproductive, and Menstrual Rights Bill, which proposed that public authorities make sanitary pads freely available to women on their premises.

Both bills aimed to ensure that women have access to menstrual health products and are entitled to menstrual leave. However, they were not passed.

In India, some companies have implemented menstrual leave policies, with Zomato, for example, announcing a 10-day paid period leave per year in 2020. Others, including Swiggy and Byjus, have followed suit.

Recently, a proposed bill called the "Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022" has been introduced. This bill aims to provide three days of paid leave for women and transwomen during their periods and extend the benefit to students.

The bill cites research that indicates that menstruation affects girls' education, with approximately 40% of girls missing school during their periods, and nearly 65% saying it has an impact on their daily activities at school.

Global Stand on Menstrual Leave:

Japan: Following the popularity of menstrual leave among labour unions in the 1920s, the country incorporated it into labour law in 1947. Employers cannot currently ask women who are going through difficult times to work during those times under Article 68.

Indonesia: In 1948, a policy was implemented, which was amended in 2003, stating that workers experiencing menstrual pain are not required to work on the first two days of their cycle.

Spain: Spain recently became the first European country to provide paid menstrual leave to employees, in addition to a slew of other sexual health rights. Workers now have the right to three days of menstrual leave per month, which can be increased to five days.

Workers in the Philippines are allowed two days of menstrual leave per month.

Taiwan has a Gender Equality in Employment Act in place. Every month, employees have the right to request a day off as period leave at half their regular wage. Three such leaves are permitted per year; any additional leaves are considered sick leave.

Zambia: Among African countries, Zambia instituted one day of unpaid leave per month without requiring a reason or a medical certificate, dubbed Mother’s Day.