Menstrual Leave: A Global Perspective With Special Focus On India

1. Introduction

Couple equity is still not a reality for many women, but women have worked hard to attain it to the point where they may dream of balancing work and home thanks to advancements in education and employment options. Notwithstanding the difficulty of the fight for reproductive health rights, women have been successful in getting governments to change their policies in order to advance their health and well-being. Although many obstacles to gender equality have been overcome, however, many still stand in the way. One such is the provision for menstrual leave for women considering their special needs of them during the period of menstruation.

Menstruation is a natural biological process that affects half of the world’s population. However, in many cultures, menstruation is still considered a taboo subject, and women are often stigmatized or discriminated against because of their periods. This is particularly true in India, where menstruation has long been a subject of shame and secrecy.

In recent years, there has been a growing movement in India to break the silence around menstruation and improve the lives of women who experience menstrual pain and discomfort. One of the ways this movement has manifested itself is through the introduction of menstrual leave policies in the workplace.

• What is menstrual leave?

Menstrual leave, also known as period leave or menstrual leave, is a type of leave given to women employees who experience menstrual pain or discomfort during their menstrual cycle.[i] Menstrual leave policies are designed to acknowledge that menstruation can be a painful and debilitating experience for many women and to provide them with the support they need to manage their symptoms.

Menstrual leave policies vary from company to company and from country to country. In some cases, menstrual leave may be paid leave, while in others, it may be unpaid leave. Some companies may require medical certification to verify that the employee is experiencing menstrual pain or discomfort, while others may take the employee’s word for it.

A person may choose to take paid or unpaid leave from their job if they are menstruation and unable to go to work as a result.[ii] Menstrual leave has been controversial and associated with discrimination against women throughout its history. Few countries have passed menstrual leave laws and those that have poor adoption rates. Some people see it as misogyny or a critique of women’s productivity at work. Menstrual leave advocates see it as a means of advancing gender equality and liken its role to that of maternity leave.

2.1 The benefits of menstrual leave

Proponents of menstrual leave argue that it is an important step towards menstrual equity in the workplace. Menstrual pain and discomfort can be a debilitating experience for many women, and providing them with the support they need to manage their symptoms can improve their productivity and overall well-being. In addition, menstrual leave can help break the silence around menstruation and reduce the stigma and shame associated with periods. By acknowledging that menstruation is a natural biological process that affects many women, menstrual leave policies can help create a more supportive and inclusive workplace culture.

Here are some of the benefits of menstrual leaves:

1. Improved productivity and job satisfaction: When women are allowed to take time off during their menstrual cycle, they are better able to manage their symptoms and take care of their health. This can result in improved productivity and job satisfaction, as they are not struggling to perform at their best while dealing with physical discomfort and pain.

2.Reduced absenteeism: Menstrual leave policies can help reduce absenteeism among women, as they are more likely to take time off when they need it rather than pushing through their symptoms and risking their health.

3.Gender equity: Menstrual leave policies help promote gender equity in the workplace by recognizing the unique needs and challenges faced by women. It also helps reduce stigma and discrimination around menstruation.

4.Improved health outcomes: Taking time off during menstruation can help women manage their symptoms and reduce the risk of complications related to menstrual disorders, such as heavy bleeding, severe cramps, and other medical conditions.

5.Positive impact on mental health: Menstrual leave policies can have a positive impact on women’s mental health by reducing stress and anxiety associated with managing menstrual symptoms in the workplace.

Overall, menstrual leave policies can have significant benefits for women’s health, well-being, and workplace productivity.

• The drawbacks of menstrual leave

While menstrual leave policies have been welcomed by many women’s rights advocates in India, there are also some drawbacks and concerns associated with these policies. Some of the potential drawbacks of menstrual leave policies include:

• Reinforcing gender stereotypes: Some argue that menstrual leave policies reinforce gender stereotypes and make it more difficult for women to advance in their careers. Critics argue that menstrual leave policies may perpetuate the notion that women are more fragile or less productive than men, and that women who take menstrual leave may be seen as less committed to their jobs.
• Discrimination during hiring: There are concerns that menstrual leave policies could be used to discriminate against women during the hiring process. Employers may be reluctant to hire women who are more likely to take menstrual leave, or may use menstrual leave as an excuse to pay women less or deny them promotions.
• Increased workload for colleagues: Menstrual leave policies may create additional work for colleagues, who may need to pick up the slack when a female employee is absent. This could lead to resentment or friction in the workplace.
• Inequality for non-menstruating employees: Menstrual leave policies may create inequality for employees who do not menstruate, such as men or post-menopausal women. These employees may feel that they are being unfairly disadvantaged by policies that only benefit menstruating women.
• Difficulty in implementation: Menstrual leave policies can be difficult to implement and enforce. Employers may struggle to determine who is eligible for menstrual leave and may face challenges in verifying the medical necessity of the leave.
• Menstrual leave: Global Perspective 

Menstrual leave policies are not unique to India and have been implemented in various countries around the world. Here are some examples of menstrual leave policies in different parts of the world:

• Japan: Menstrual leave has been available to female employees in Japan since 1947. Under the law, women who experience painful periods or other menstrual symptoms can take time off work without fear of punishment or retaliation.[iii]
• South Korea: In South Korea, female employees are entitled to one day of menstrual leave per month. The policy was introduced in 2001 to help women manage menstrual pain and reduce absenteeism.[iv]
• Indonesia: Indonesia introduced menstrual leave for female employees in 2017. Women are entitled to two days of menstrual leave per month and can take the leave without providing a medical certificate.[v]
• Italy: In Italy, women are entitled to three days of menstrual leave per month. The policy was introduced in 2017 and applies to all female employees, regardless of their occupation or job status.[vi]
• Taiwan: Taiwan introduced menstrual leave for female employees in 2013. Women are entitled to one to three days of menstrual leave per month, depending on the severity of their symptoms.[vii]
• Zambia: In 2021, Zambia introduced menstrual leave for female employees in the public sector. Women are entitled to one day of menstrual leave per month.[viii]
• Spain: The law granting working women with painful periods the right to three days of paid menstruation leave, which may be extended to five days, was passed by Spain on February 16, 2023, making it the first nation in Europe to do so.[ix]

While menstrual leave policies have been implemented in several countries, there are also concerns and criticisms associated with these policies, such as reinforcing gender stereotypes and creating inequality for non-menstruating employees. Nevertheless, the growing movement for menstrual equity and women’s health and rights is likely to continue pushing for policies and initiatives that support women during menstruation.

• Menstrual leave policy in India

Such laws are already in existence in a few Indian states. The Bihar government began providing two days of menstruation leave to working women in 1992.[x] The Kerala government issued an order on January 19, 2023, allowing female students enrolled in state-run higher education institutions to take menstruation leave.[xi] Ninong Ering, an Arunachal Pradesh legislator, submitted the Menstrual Benefits Bill, 2017, which would grant both public and private employees two days of menstrual vacation each month, in an effort to create a law for period leave at the federal level.[xii] That Bill has not yet been made public, though. On the first day of the Arunachal Pradesh Legislative Assembly’s budget session in 2022, the Congress leader once more introduced the Bill. Yet, the same was not taken into account.

Corporate India has voluntarily implemented a number of progressive policies in an effort to meet the requirements of its workforce, which includes many women. The first private organizations to offer period leave in India were two Mumbai-based businesses called Gozoop and Cultural Machine in 2017.[xiii] Zomato will begin offering its female and transgender employees up to ten days of menstrual leave annually starting in 2020.[xiv] Since then, similar restrictions have also been implemented by private businesses like Swiggy and Byju.[xv]

 Public Relations & Advocacy Group (PRAG), based in Gurugram, recently provided free consultancy to any firms that agreed to implement paid menstrual leave for their female employees or announced that they would. Moreover, PRAG is the first PR and communication company to offer its staff compensated time off for menstruation.[xvi] These instances demonstrate that, in the absence of legislation requiring menstrual leave, it is the responsibility of employers to provide for the requirements of their female employees.

The Supreme Court of India has not yet issued any rulings or directives specifically related to menstrual leave. However, there have been several cases related to menstrual health and hygiene in which the Supreme Court has played a role. For example, in 2015, the Supreme Court directed all states and union territories to provide free sanitary napkins to school girls to ensure that they can manage their periods with dignity.[xvii] In 2018, the Supreme Court also struck down a 150-year-old law that criminalized adultery, noting that the law treated women as the property of their husbands and violated their right to dignity and privacy.[xviii]

Recently the Supreme Court in Shailendra Mani Tripathi v. Union of India[xix] has dismissed the petition seeking menstrual leave for female students and working women in India. The Court has held that the matter fell within the domain of policy.

• Conclusion

In India, it’s not as if menstrual leave has not been considered as if we observe, we can see two of the prominent states of India i.e., Kerela[xx] and Bihar,[xxi] have already come up with and implemented policies regarding menstrual leave. Further, one of the famous food delivery applications named “Zomato” have also taken their bit by introducing such policies.[xxii] Thereby, considering the above few examples, if a step in the right direction is taken starting from individual organizations, a lot can be achieved.  

While menstrual leave policies have the potential to improve the lives of women who experience menstrual pain and discomfort, they are not without drawbacks and concerns. Employers must carefully consider the potential benefits and drawbacks of menstrual leave policies before implementing them in the workplace. In addition, menstrual leave policies should be part of a broader effort to improve menstrual equity and reduce the stigma and shame associated with menstruation.

Akansha Uboveja has completed her BA LLB (H) from Hidayatullah National Law University (HNLU) Raipur

Disclaimer:  The views, thoughts, and opinions expressed in the text belong solely to the author and not to the Jurisedge Academy.

You can access Jurisedge Recent Legal News Archives and our Jurisedge Blog for legal updates from around the globe.

For daily legal updates, follow our official Jurisedge channel on Instagram and LinkedIn and join our Telegram channel

Subscribe to our Law Exams Capsule India’s One and only Comprehensive Law Exam Preparation Journal

[i] King S, “Menstrual Leave: Good Intention, Poor Solution” (Springer Link December 1, 2020) <https://link.springer.com/chapter/10.1007/978-3-030-53269-7_9> accessed March 2, 2023.

[ii] Price C, “Should Women Get Paid Menstruation Leave?” (SalonSeptember 25, 2011) <https://www.salon.com/2006/10/11/menstruation_4/> accessed March 2, 2023.

[iii] Barbara Maloni “Japan ‘s 1986 Equal Employment Opportunity Law and the Changing Discourse on Gender”, https://scholarcommons.scu.edu/cgi/viewcontent.cgi?article=1100&context=histor, accessed March 2, 2023.

[iv] “Menstrual Leave – an Entitlement Men Reject” (Korea Times October 30, 2012) <https://www.koreatimes.co.kr/www/news/culture/2014/04/399_123535.html> accessed March 2, 2023.

[v] Labour act, Govt of Indonesia, https://web.archive.org/web/20111004064721/http://www.niew.gov.my/niew/en/download/doc_download/324-labour-act; accessed March 1, 2023.

[vi] Momigliano A, “Giving Italian Women ‘Menstrual Leave’ May Backfire on Their Job Prospects” (The Washington Post December 1, 2021) <https://www.washingtonpost.com/news/worldviews/wp/2017/03/24/giving-italian-women-menstrual-leave-may-backfire-on-their-job-prospects/> accessed March 2, 2023.

[vii] Act of Gender Equality in Employment, Ministry of labor Republic of China (Taiwan); https://laws.mol.gov.tw/Eng/EngContent.aspx?msgid=469; accessed March 2, 2023.

[viii] “The Country Where All Women Get Time off for Being on Their Period” (The IndependentJanuary 4, 2017) <https://www.independent.co.uk/news/world/africa/zambia-period-day-off-women-menstruation-law-gender-womens-rights-a7509061.html> accessed March 2, 2023.

[ix] Masih N, “Need Time off Work for Period Pain? These Countries Offer ‘Menstrual Leave.’” (The Washington PostFebruary 17, 2023) <https://www.washingtonpost.com/world/2023/02/17/spain-paid-menstrual-leave-countries/> accessed March 2, 2023.

[x] Kashyap K, “How Women in Bihar Fought & Won the Period Leave Battle 30 Yrs Ago” (TheQuintSeptember 21, 2020) <https://www.thequint.com/neon/gender/how-bihar-women-fought-for-period-leave-in-1992> accessed March 2, 2023.

[xi] Service SN, “Kerala Govt Decides to Grant Menstruation Leave to Female Students in All Universities” (The StatesmanJanuary 19, 2023) <https://www.thestatesman.com/india/kerala-govt-decides-to-grant-menstruation-leave-to-female-students-in-all-universities-1503148291.html> accessed March 2, 2023.

[xii] Menstrual Benefits Bill, 2017; http://164.100.47.4/billstexts/lsbilltexts/asintroduced/2651LS%20As%20In.pdf; accessed March 3, 2023.

[xiii] “These Two Indian Companies Are Offering First Day of Period Leaves and Women Couldn’t Be More Grateful” (India TodayJuly 13, 2017) <https://www.indiatoday.in/education-today/news/story/indian-companies-menstrual-leaves-1024124-2017-07-13> accessed March 2, 2023.

[xiv] “Introducing Period Leaves for Women – Zomato” <https://www.zomato.com/blog/period-leaves> accessed March 3, 2023.

[xv] “After Swiggy and Zomato, Another Company Announces Period Leave for Women Employees” (India TodayDecember 22, 2022) <https://www.indiatoday.in/technology/news/story/after-swiggy-and-zomato-another-company-announces-period-leave-for-women-employees-2312424-2022-12-22> accessed March 2, 2023.

[xvi] Bureau MNU, “Prag to Provide Free PR Consultation to Organisations Providing Paid Menstrual Leaves” (MediaNews4UFebruary 25, 2023) <https://www.medianews4u.com/prag-to-provide-free-pr-consultation-to-organisations-providing-paid-menstrual-leaves/> accessed March 2, 2023.

[xvii] “SC Issues Notice on Plea Seeking Free Sanitary Napkins in Schools” (The Economic Times) <https://economictimes.indiatimes.com/news/india/sc-seeks-replies-of-centre-states-on-pil-for-free-sanitary-pads-for-girls-studying-in-govt-schools/articleshow/95824798.cms?from=mdr> accessed March 2, 2023.

[xviii] Joseph Shine v. Union of India, (2019) 3 SCC 39.

[xix] Writ Petition(s)(Civil) No(s).172/2023.

[xx] Supra note 11.

[xxi] Supra note 10.

[xxii] Supra note 14.