Menstruation leave, also known as period leave or menstrual leave, is a workplace policy that grants women the right to take time off from work during their menstrual cycle, typically with pay. This policy acknowledges that menstruation can sometimes be accompanied by physical and emotional discomfort, and recognizes the need for women to have additional flexibility and support during this time.
The concept of menstruation leave is rooted in the understanding that menstruation is a natural and unavoidable process for a significant portion of the population. It acknowledges that menstrual cycles can vary in intensity and that some women may experience symptoms that can interfere with their ability to perform their regular work duties comfortably and efficiently.
Legal History
In 2017, Mr. Ninong Ering, a former Member of Parliament, introduced a private member’s Bill in the Lok Sabha proposing the implementation of paid menstruation leave for women employees in registered establishments. However, the Bill did not progress for discussion in Parliament. Subsequently, Mr. Ering presented the same Bill in the Arunachal Pradesh Legislative Assembly during the 2022 Budget Session but subsequently withdrew it. Currently, there have been no substantive legal changes pertaining to the provision of menstrual leave in India.
The Minister of Women and Child Development has officially stated that central government servants are not presently entitled to menstrual leave, and the government has no intentions of incorporating such leave provisions into the Central Civil Services (Leave) Rules, 1972. Nevertheless, the government has undertaken various initiatives aimed at fostering awareness surrounding menstrual hygiene, enhancing accessibility to menstrual hygiene products, and promoting overall menstrual health.
In January 2023, a public interest litigation (PIL) was filed before the Supreme Court, seeking the introduction of menstrual pain leave for female students and working women under the provisions of the Maternity Benefit Act[1], 1961. However, the Supreme Court dismissed the PIL, advising the petitioner to submit a representation to the Ministry of Women and Child Development for appropriate consideration. This judicial decision suggests that the court views the matter as necessitating policy-based resolutions rather than immediate judicial intervention.
To summarize, despite initial endeavors to introduce legislation concerning paid menstruation leave, no significant legal modifications have been enacted within the Indian context. The current position of the government stands against implementing menstrual leave for central government employees, although efforts have been made to address menstrual health concerns, including awareness campaigns, improved accessibility to hygiene products, and educational initiatives. The recent PIL dismissal underscores the necessity of engaging with the Ministry of Women and Child Development to pursue appropriate policy considerations for addressing the issue of menstrual leave.
Significance
The significance of menstruation leave lies in several aspects:
- Health and well-being: Menstruation can bring physical symptoms like cramps, fatigue, headaches, bloating, and general discomfort. It can also have an impact on mental and emotional well-being, such as mood swings and increased sensitivity due to hormonal imbalance. Menstruation leave allows women to prioritize self-care, rest, and manage their symptoms, leading to better overall health and productivity.
- Increased productivity: By granting menstruation leave, employers acknowledge that providing flexibility and support during menstruation can lead to higher productivity in the long run.
When women are given the opportunity to rest and address their health concerns, they are more likely to return to work refreshed and focused, reducing the impact of absenteeism and presenteeism (attending work while unwell or less productive).
- Reducing stigma and promoting open dialogue: Menstruation leave helps to destigmatize conversations around menstruation. By openly recognizing and accommodating the needs of women during their menstrual cycles, it encourages discussions about reproductive health and raises awareness about the challenges women may face. This, in turn, contributes to a more supportive and understanding workplace culture.
- Gender equality: Menstruation leave addresses the gender-specific needs of women. It acknowledges that the biological differences between men and women can result in different experiences and requirements. By providing period leave, organizations demonstrate a commitment to gender equality and inclusivity, promoting a more equitable and supportive work environment.
Methodology
It’s important to note that the implementation and specifics of menstruation leave may vary across different countries, organizations, and industries. Some countries, such as Japan, South Korea, and Indonesia, have specific laws mandating menstrual leave, while in other places, it is a voluntary policy adopted by individual companies. The number of days granted for leave and the level of discretion given to employees may also vary. elaborate
- Legal Mandates: In certain countries, there are specific laws or regulations in place that mandate menstrual leave. For example, Japan introduced the “Menstrual Leave Law[2]” in 1947, which grants female employees the right to take time off for menstruation-related symptoms. South Korea also has a similar law, Labour Standards Act[3] in place, which entitles female workers to paid menstrual leave. In Indonesia[4], the Labor Law entitles women who experience pain to take two days of menstrual leave per month.
- Voluntary Policies: In many other countries, menstrual leave is not legally mandated but is instead a voluntary policy adopted by individual companies or organizations. Employers recognize the importance of supporting their female employees and may choose to implement menstrual leave as part of their broader employee benefits or wellness programs.
For example, a media company based in Mumbai recently introduced a policy that grants women leave on the first day of their menstrual cycle.[5] Zomato[6] has implemented a menstrual leave policy that grants up to 10 days of leave per year to all women employees, including transgender individuals. They offer one day of leave for each menstrual cycle.
- Duration of Leave: The number of days granted for menstrual leave can vary. Some companies offer one or two days of paid leave per menstrual cycle, while others may provide additional flexibility or allow employees to take unpaid leave if needed. The duration of leave may also depend on the severity of symptoms and the individual’s needs.
Example- Under the revised leave policy of Byjus[7], women employees within the organization have the opportunity to take advantage of up to 12 period leaves annually. On a monthly basis, they will be granted 1 period leave, which can be utilized as either a full day off or two half-day leaves.
- Discretion and Confidentiality: The level of discretion given to employees can also vary. In some cases, women may be required to inform their supervisors or HR department in advance if they need to take menstrual leave. However, in other organizations, there is an emphasis on privacy, and employees are given the flexibility to take leave without disclosing specific reasons related to menstruation.
Example- Swiggy[8] has introduced a policy allowing all women delivery partners to take “no questions asked” time off for two days every month during their menstrual cycle.
- Industry Variations: The implementation of menstrual leave can also differ across industries. Some industries, such as healthcare or manufacturing, where physical exertion or specific safety concerns may be present, may have different policies or considerations regarding menstrual leave compared to office-based or service-oriented industries.
It’s important for individuals and organizations to be aware of the specific laws and policies related to menstrual leave in their respective jurisdictions. These variations reflect the ongoing dialogue and efforts to address the unique needs and challenges faced by women in the workplace, promoting gender equality and inclusivity.
Criticisms
While menstrual leave is a policy intended to address the specific needs of women in the workplace, it is not without its criticisms. Some common criticisms of menstrual leave include:
- Reinforcing gender stereotypes: Critics argue that menstrual leave can perpetuate the notion that women are more fragile or less capable of handling work responsibilities during their menstrual cycles. This may reinforce traditional gender stereotypes and hinder efforts to achieve true gender equality in the workplace.
- Potential discrimination: Offering specific leave for menstruation could potentially lead to discrimination against women in hiring and promotion decisions. Employers may view women as less desirable candidates or less committed to their work due to the perception that they may require additional time off.
- Burden on coworkers: Menstrual leave can place an additional burden on coworkers, particularly in small teams or when adequate staffing is already a challenge. The absence of one employee due to menstrual leave may require others to pick up the slack, potentially impacting team dynamics and productivity.
- Lack of inclusivity: Menstrual leave policies may overlook the needs of individuals who do not menstruate, including transgender men and individuals with certain medical conditions. These policies may inadvertently exclude or marginalize individuals who face their own unique health challenges.
- Privacy concerns: Requiring women to disclose personal health information to justify the need for menstrual leave can be seen as an invasion of privacy. Some argue that employees should have the autonomy to manage their health needs without having to disclose intimate details to their employers.
It is important to consider these criticisms and address them when developing and implementing menstrual leave policies. Striking a balance between supporting women’s health needs and promoting equal opportunities for all employees remains a complex challenge that requires careful consideration and dialogue.
Conclusion and Suggestions
In conclusion, the concept of menstrual leave has sparked important conversations about gender equality and workplace inclusivity. While there are pros and cons to implementing such policies, it is crucial to approach them with careful consideration and sensitivity.
Moving forward, organizations should focus on promoting education and awareness about menstruation. By providing accurate information, debunking myths, and fostering empathy, employees can develop a better understanding of the challenges women face during their menstrual cycles.
Additionally, offering flexible work arrangements can be a valuable approach. Instead of solely relying on dedicated menstrual leave, organizations can explore options like remote work, flexible hours, or short breaks. This allows women to manage their workloads effectively while accommodating their physical and emotional needs during menstruation.
Creating a supportive workplace culture is paramount. Encouraging open communication, providing necessary resources like menstrual products, and ensuring that managers and colleagues are sensitive to women’s needs can go a long way in creating an inclusive environment.
It is also important to consider individualized solutions rather than a one-size-fits-all approach. Each woman’s experience with menstruation is unique, and allowing employees to tailor their leave or accommodations based on their specific needs can provide a more personalized and supportive experience.
Furthermore, organizations must ensure that their policies are inclusive of transgender individuals and those with medical conditions affecting their menstrual cycles. By recognizing and addressing the diverse range of health-related circumstances, organizations can create equitable policies that cater to all employees.
Regular evaluation and feedback are essential to refining and improving menstrual leave policies. By seeking input from employees and making necessary adjustments, organizations can ensure that their policies align with their intended goals and meet the evolving needs of their workforce.
Incorporating these suggestions will help organizations create a supportive and inclusive environment that recognizes and addresses the unique needs of women during their menstrual cycles. By doing so, they can foster gender equality, enhance productivity, and promote overall well-being in the workplace.
[1] Maternity Benefit Act, 1961, Act No. 53 of 1961 (India).
[2] Labour Standards Law [Law No. 49 of 7 April 1947] https://www.scconline.com/blog/post/2023/03/07/looking-beyond-the-law-the-case-of-menstrual-leave-in-india/
[3] Labour Standards Act https://www.scconline.com/blog/post/2023/03/07/looking-beyond-the-law-the-case-of-menstrual-leave-in-india/
[4] Act Concerning Manpower [Indonesian Labour Law] No. 39, 2003 https://www.scconline.com/blog/post/2023/03/07/looking-beyond-the-law-the-case-of-menstrual-leave-in-india/
[5] Culture Machine and Gozoop, become India’s first companies to introduce ‘First Day of Period’ leave policy! https://www.scconline.com/blog/post/2023/03/07/looking-beyond-the-law-the-case-of-menstrual-leave-in-india/
[6] Introducing period leaves for women (zomato.com) https://www.zomato.com/blog/period-leaves
[7] From Period Leaves to Child Care Leaves, All About BYJU’S Updated Leave Policy, https://blog.swiggy.com/2021/10/20/a-brief-note-on-our-commitment-to-increase-women-delivery-partners-in-our-fleet/
[8] A Note On Our Commitment To Increase Women Delivery Partners In Our Fleet, https://blog.swiggy.com/2021/10/20/a-brief-note-on-our-commitment-to-increase-women-delivery-partners-in-our-fleet/
Author: Lisa Gupta
Juris Centre 