Menstrual Leave Policies

Home » Menstrual Leave Policies

Context:

Recently, the Supreme Court has asked the Central Government to frame a model policy on menstrual leave for female employees.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

Menstrual leave refers to all policies that allow employees or students to take time off when they are experiencing menstrual pain or discomfort.
In the context of the workplace, it refers to policies that allow for both paid or unpaid leave, or time for rest.
More than half of those who menstruate experience pain for a couple of days a month; for some it is debilitating enough to hamper daily activities and productivity.
A 2017 survey of 32,748 women in the Netherlands published in the British Medical Journal found that 14% of them had taken time off from work or school during their periods.
The researchers estimated that employees lost around 8.9 days’ worth of productivity every year due to menstrual-cycle related issues.

State Policies:
- Bihar: Introduced in 1992, offering two days of paid menstrual leave per month to women employees.
- Kerala (2023): Extended menstrual leave to female students across universities and institutions, and provides up to 60 days of maternity leave for female students above 18 years.
Corporate Initiatives:
- Zomato: Introduced a policy in 2020 granting 10 days of paid period leave annually.
- Other Companies: Companies like Swiggy and Byjus have also implemented similar menstrual leave policies.
Legislative Landscape:
- Current Status: There is no national law mandating menstrual leave, resulting in decentralized implementation across states and organizations.
- Past Attempts: Bills like the Menstruation Benefits Bill (2017) and the Women’s Sexual, Reproductive and Menstrual Rights Bill (2018) have been proposed in Parliament but not passed.
Proposed Legislation:
- Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022:
  - Proposes three days of paid menstrual leave for women and transwomen.
  - Cites research indicating significant school absenteeism (40% of girls) and impact on daily activities (65%) due to menstruation.

Not necessary: Some people argue that menstrual leave is not necessary as women can manage their menstrual pain with over-the-counter pain relief medication.
Potential for discrimination: Others believe that menstrual leave may backfire and lead to employer discrimination against women. For example, employers may be less likely to hire women if they are required to grant menstrual leave, or may provide less opportunities for advancement to women who take menstrual leave.
Policy implications: There is a policy dimension to menstrual leave. Compelling employers to grant menstrual leave may operate as a de facto disincentive for employers to engage women in their establishments.

Spain: On February 16, 2021, Spain became the first European country to grant paid menstrual leave to workers. Workers now have the right to three days of menstrual leave, which can be expanded to five days, per month.
Japan: Menstrual leave was introduced as part of Japan’s labour laws in 1947. Under Article 68, employers cannot ask women who experience difficult periods to work during that time.
Indonesia: Indonesia introduced a menstrual leave policy in 1948, amended in 2003, which states that workers experiencing menstrual pain are not obliged to work on the first two days of their cycle.
Philippines: In the Philippines, workers are permitted two days of menstrual leave per month.
Zambia: Zambia introduced one day of leave per month without needing a reason or a medical certificate, calling it a “Mother’s Day.”

-Source: The Hindu