Issue of Menstrual Leave for Women | 11 Jul 2024

Source: IE

Why in News?

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

• The court emphasised that this matter falls under the realm of policy-making and not within the court's jurisdiction.

What is the State of Menstrual Leaves in India?

• Menstrual (Period) Leave: It is a kind of leave where the working women have the option to avail either paid or unpaid leave from the institution of her employment during her period of menstruation as such a condition adversely affects her ability to to work . 

• Implemented the Policy: Bihar and Kerala are the only Indian states that have introduced menstrual leave policies for women.

  • Bihar's policy was introduced in 1992, allowing women employees two days of paid menstrual leave every month.
  • Kerala in 2023 has also allowed menstrual leave to female students of all universities and institutions and up to 60 days maternity leave to female students above the age of 18.
  • Some companies in India have introduced menstrual leave policies, including Zomato, which announced a 10-day paid period leave per year in 2020.
    • Other companies, such as Swiggy and Byjus, have also followed suit.
• Legislative Measures Taken:
  • There is no law governing menstrual leave in India and also there is no centralised direction for ‘paid menstruation leave’ in India.
  • Attempts Made in the Past: Parliament has seen attempts to introduce menstrual leave and menstrual health products related bills, but they have not been successful so far.
    • Example: The Menstruation Benefits Bill, 2017’ and Women’s Sexual, Reproductive and Menstrual Rights Bill in 2018.
  • Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022:
    • The proposed Bill provides for 3 days of paid leave for women and transwomen during the period of menstruation.
    • The Bill cites research that 40% of girls miss school during their periods, and nearly 65% said it had an impact on their daily activities at school.

Why is there a Need for Paid Menstrual Leave for Women?

• Health and Well-being: Menstruation can cause physical discomfort (cramps, bloating) and emotional distress. Paid leave allows women to prioritise their health and manage these symptoms without financial penalty.
• Workplace Inclusivity and Gender Gap: This leave will normalise menstruation, reducing stigma and encouraging open discussion about menstrual health. Its impact on work performance helps address the gender pay gap by enabling women to fully participate in the workforce without sacrificing income.
• Productivity and Retention: Studies suggest that menstrual leave can improve productivity by allowing women to manage their periods effectively and avoid working while experiencing discomfort. It can also contribute to higher employee retention.
  • As per IMF, equal participation of women in the workforce will increase India’s GDP by 27% and will add USD 700 billion to its GDP by 2025. Thus economic growth and gender equality go hand in hand.
• Legal Perspectives:
  • Article 15(3): Permits special provisions for women, countering claims of discrimination against men who can't avail menstrual leave.
  • Article 42: Mandates the state to ensure "just and humane conditions of work" and "maternity relief." Menstrual leave is seen as an extension of this responsibility, promoting a humane work environment for women during menstruation.

What are the Arguments Against the Menstrual Leaves?

• Discouragement of Hiring Female Employees: Paid menstrual leave might disincentivize companies from hiring women due to perceived absenteeism.
  • Employers may perceive female employees as a liability due to the additional burden of paid leave every month.
• Discrimination at Workplace: Accommodating menstrual leaves may disrupt workflow, increase workload for other team members, or create resentment among employees who do not receive similar benefits.
• Enforcement Issues: Implementing paid leave for menstruation raises challenges such as determining legitimate use, preventing misuse, and defining acceptable enforcement methods for employers.
  • This has been highlighted by incidents like those in Bhuj 2020 where 66 girls were forced to strip to verify menstruation status and similar incidents in Muzaffarnagar. 
  • Sensitivity and respect are crucial in developing policies around menstruation.
• Reinforcing Stigma: Special leave policies could highlight menstruation as a negative aspect, potentially leading to period shaming and discrimination.

Way Forward

• Promoting Menstrual Health Literacy: Ensure that employers, employees, and medical professionals have access to high-quality information about menstrual health and effective treatment options.
• Incorporating Adequate Rest Breaks: Provide workers, especially those who menstruate, with the ability to take breaks and access clean toilet facilities. This benefits all workers and reduces the risk of workplace injuries and illnesses.
• Incentivising Menstrual Leave Policies: The government could incentivise menstrual leave by providing tax exemptions to companies offering it and by introducing gender-neutral leave policies for all employees. 
  • Consideration could also be given to government aid covering leave costs through Direct Benefit Transfer (DBT).
• Access to Effective Treatment: Workplaces should provide free emergency period products, pain medication, and support for employees to access quality medical advice and treatment for severe menstrual symptoms.
• Flexible Working Conditions: Allow for flexible work arrangements, such as the ability to work from home or take shorter breaks, rather than requiring full-day leave.
• Adequate Standards for Working Conditions and Labour Rights: Improve global minimum labour standards regarding work hours, wages, health and safety, and equal opportunities, which would eliminate the need for separate menstrual leave policies.