Menstrual Leave in India

• Context (IE): SC directed the Centre to frame a model policy on menstrual leave for women employees.
• Menstrual Leave offers time off for those experiencing period pains, akin to sick leave.
• Menstrual leave is not covered under standard sick leave policies nor legislated in India.
• Bihar implemented a menstrual leave policy in 1992, granting two days of paid leave each month.
• Kerala introduced menstrual leave across universities and institutions in 2023.

Need for Menstrual Leave Policy

• Supports women’s health: Women suffering from severe menstrual cramps experience workplace performance challenges due to the discomfort accompanying their menstrual cycles.
• Workplace inclusivity: It normalises discussions around menstruation, reduces stigma, and supports gender equality initiatives like closing the gender pay gap. Studies indicate that menstrual leave can enhance productivity and employee retention.
• Constitutional perspective: Provisions like Article 15(3) support special considerations for women, and Article 42 ensures fairness and humane work conditions.

Arguments Against Menstrual Leave

• Biased hiring practices: It may decrease women’s labour force participation. For example, Taiwan and Zambia have implemented menstrual leave policies, but implementation faces challenges.
• Health complication: In Maharashtra’s Beed district, female sugarcane cutters face discrimination; more than 10,000 have undergone uterine removal surgery to secure employment.
• Implementation challenges: Poses challenges like verifying legitimate use and preventing misuse. For example, Indonesia’s menstrual leave policy requires a medical examination, thus low uptake.
• Period shaming: For example, Spain was the first European nation to introduce paid menstrual leave in 2023, but few women have used it due to administrative hurdles and discrimination fears.
  • In Bhuj and Muzaffarnagar, girls were humiliated to verify their menstruation status.

Way Ahead

• Provide adequate rest breaks and clean toilet facilities, especially for menstruating women. For example, a menstrual hygiene policy could be implemented.
• Encourage menstrual leave policies by offering tax exemptions to companies and promoting gender-neutral leave policies. For example, Zomato announced a 10-day paid leave period per year in 2020.
• Offer free emergency period products and access to medical advice for severe menstrual symptoms.
  • For example, the Scotland Period Products (Free Provision) Bill was introduced to create a universal right to free period products for everyone in Scotland.
• Enhance global minimum standards for labour conditions and rights to eliminate the necessity for separate menstrual leave policies.
• Offer a work-from-home facility, offering comfort and flexibility tailored to their needs.