Introduction to Menstruation and Menstrual Leave

Most females of reproductive age experience menstruation, also known as periods. Although the menstrual cycle is a normal aspect of life, everyone’s experience with its impact on daily activities and well-being is unique. Menstrual leave and menstrual hygiene management policies are becoming increasingly important in many cultures and workplaces to support individuals during this time. 

Government Stance and Legal Developments

Smriti Irani, Minister of Women and Child Development told the Lok Sabha on December 8, 2023, that the government is not considering the proposal to require paid menstrual leave in the workplaces. Working women and female students in India filed a lawsuit asking for the introduction of menstrual leave, also known as “period leave,” with the Supreme Court in January 10, 2023.

This case was brought forth in the public interest by attorney Shailendra Mani Tripathi. There’s no doubt that menstrual leaves can ensure better working conditions for women. The Supreme Court of India dismissed the petition seeking menstrual leave in March 2023, ruling that the issue is a matter of policy.

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 seem to be little, or no action taken at the Central level to introduce a country-wide framework to facilitate paid menstrual leave.  

State-Level Initiatives and Policies

Although, some Indian states already have such policies in place. 

In 1992, the Government of Bihar provided two days of menstrual leave per month to working women. 

The Kerela government issued an order on January 19, 2023, allowing students in all state-run higher education institutions to take menstrual leave. 

Gozoop and Culture Machine, based in Mumbai, were the first private companies in India to implement period leaves in 2017.  

Zomato’s female and transgender employees were granted up to 10 days of menstrual leave annually, starting in 2020.

Subsequently, comparable policies have been implemented by other private companies such as Swiggy and Byju’s. 

Recent research indicates that women who encounter discrimination from friends, family, or at work are more likely to suffer from depression during their menstrual cycle. An estimated 80% of women experience one of the most common menstrual disorders, dysmenorrhea, in their lives. Young women experiencing dysmenorrhea may experience pelvic pain on one side and begin to experience uterine contractions at the onset of the menstrual cycle. As women age, lower abdominal pain, constipation, or diarrhea can be symptoms of dysmenorrhea. 

Policy of Menstrual Leave Globally 

Spain became the first nation in Europe to impose paid leave laws on February 16, 2023. This law grants working women who are experiencing painful periods the right to three days of paid leave, with the possibility of an extension to five days. 

A menstrual leave law has been in effect in Japan since 1947. According to this law, employers are required to grant women the leave they need. 

One day of unpaid leave per month is granted to women in South Korea for menstruation.

Under the Taiwan Gender Equality in Employment Act, women are entitled to take three menstrual leave days annually for themselves.

Pros and Cons of Menstrual Leave 

Pros 

Promotes Health:  

It recognizes that the menstrual cycle can cause both physical and emotional difficulties. It also includes tiredness, mood swings, and cramps, which may necessitate rest and recovery. 

Productivity: 

Organizations may be able to increase productivity by permitting workers to take menstrual leave as needed and coming back to work refreshed and feeling cared for. This enhances productivity.  

Equality 

Menstrual leave policies aid in addressing issues of gender equality in the workplace. This organization addresses women’s health needs, respecting and taking into account the biological differences between men and women.

Cons 

Stigma: 

According to some critics, implementing a menstrual policy might contribute to stigma against women in the workplace or serve to perpetuate preconceived notions. There might be worries that it would support the stereotype that women are less devoted or capable than men. 

Abuse: 

Workers may abuse the policy, as shown by their taking time off unnecessarily. This might make it difficult to track and handle leave requests. It could impact on how well teams work together and how efficiently organizations operate. 

Execution Difficulties: 

Menstrual leave policies can be difficult to implement. To guarantee consistency and fairness in the leave-granting process, organizations need to set up explicit policies and procedures. To avoid misconceptions, they must also inform staff members of the goal and parameters of the policy. 

Though India faces logistical obstacles and cultural norms, the discussion about menstrual leave is gathering steam. Open and inclusive menstruation policies can help India lead the way in improving the health, equality, and dignity.