Menstrual Leaves [UPSC Notes]

The Supreme Court recently refused to hear a petition concerning menstrual leave for workers and students across the country, citing it as a policy issue. Know more about Menstrual Leaves for the IAS exam.

What is Menstrual Leave?

• Menstrual leave is a policy that allows women to take paid or unpaid time off from work when they are suffering from painful menstrual symptoms.
• This means that female employees who are experiencing menstrual discomfort, pain, or other symptoms can take time off work without fear of losing pay or facing disciplinary action.
• It is a new concept that is not widely available yet, but it has gained traction in recent years as more countries and businesses consider its implementation.
• For centuries, the concept of menstrual leave for workers and students has been debated.
• Such policies are uneven and controversial, even among feminists.

History of Menstrual Leaves

• In Soviet Russia in the 1920s, menstruating women were granted paid leave.
• According to one historian, a school in Kerala granted period leave as early as 1912.

What is the need for menstrual leaves?

• Menstrual leave is required because menstruation can cause a variety of painful and debilitating symptoms, making it difficult for women to perform their jobs.
• Ensure job security: This type of leave enables women to take time off when they need it without fear of losing pay or facing disciplinary action.
• Ensure productivity: This helps to ensure that women can fully participate in the workforce and perform to their full potential.
• Removes stigma and discrimination: Menstrual leave can also help to reduce the stigma associated with menstruation and promote a culture of openness and support for women.

What are the Issues in Policy implementation?

• Menstrual leave is not supported by everyone, including those who menstruate.
• Create employer discrimination: Some argue that it is either unnecessary or will backfire, resulting in employer discrimination against women.
• Obligation may backfire: If government policy requires employers to provide menstrual pain leave, it may act as a de facto disincentive for employers to hire women.

Arguments against menstrual leaves

• Potential for gender discrimination: If women are given more leave days, they may be perceived as less capable or committed to their jobs than their male counterparts.
• Concerns about lower productivity: Opponents of menstrual leave policies argue that allowing women to take time off work during their menstrual cycle will reduce productivity and, as a result, harm businesses.
• Implementation challenges: Enforcing such policies may be difficult for businesses, particularly small and medium-sized enterprises. If employees take additional leave days throughout the year, these businesses may struggle to manage their workforce effectively.

Which countries have menstrual leave?

• Spain: Spain recently became the first European country to provide paid menstrual leave to employees, in addition to a slew of other sexual health rights. Workers now have the right to three days of menstrual leave per month, which can be increased to five days.
• Japan: Following the popularity of menstrual leave among labour unions in the 1920s, the country incorporated it into labour law in 1947. Employers cannot currently ask women who are going through difficult times to work during those times under Article 68.
• Indonesia: In 1948, a policy was implemented, which was amended in 2003, stating that workers experiencing menstrual pain are not required to work on the first two days of their cycle.
• Workers in the Philippines are allowed two days of menstrual leave per month.
• Taiwan has a Gender Equality in Employment Act in place. Every month, employees have the right to request a day off as period leave at half their regular wage. Three such leaves are permitted per year; any additional leaves are considered sick leave.
• Zambia: Among African countries, Zambia instituted one day of unpaid leave per month without requiring a reason or a medical certificate, dubbed Mother’s Day.
• Others: The petition also mentioned that menstrual leave is available in the United Kingdom, China, and Wales.

Menstrual Leave Policy in India

• In India, some companies have implemented menstrual leave policies, with Zomato, for example, announcing a 10-day paid period leave per year in 2020.
• Others, including Swiggy and Byjus, have followed suit.
• According to the petition before the Supreme Court, Bihar and Kerala are the only state governments that have granted women menstrual leave.

Parliamentary measures

• Certain measures in this direction have been introduced in Parliament with no success.
• In 2017, Arunachal Pradesh MP Ninong Ering introduced ‘The Menstruation Benefits Bill, 2017′ in Parliament.
• It was represented in the Lok Sabha on the first day of the Budget Session in 2022, but was dismissed as an “unclean topic,” according to the petition.
• In 2018, Shashi Tharoor introduced the Women’s Sexual, Reproductive, and Menstrual Rights Bill, which proposed that public authorities make sanitary pads freely available to women on their premises.

Way forward

• Education and awareness campaigns can be carried out to educate employers, employees, and policymakers about the importance of menstrual health and the need for menstrual leave policies.
• Companies can offer flexible work arrangements, such as remote work or flexible scheduling, in lieu of specific menstrual leave policies, to accommodate employees who are experiencing menstrual discomfort.
• Consultation with Experts: To develop comprehensive menstrual leave policies that meet the needs of both employees and businesses, policymakers can consult with health experts, labour organisations, and other stakeholders.
• Pilot programmes can be used to test the effectiveness of menstrual leave policies and assess their impact on businesses and employees.

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