Disposing off a writ petition seeking mandatory paid menstrual leave, SC welcomed voluntary policies and cautioned against making it mandatory through law.
About Menstrual Leave
- Leave (paid or unpaid) intended for women when experiencing discomfort and health issues during menstruation like dysmenorrhea, endometriosis, etc.
Benefits of extending Menstrual Leave
- Low Presenteeism Efficiency: While workplace focus on productivity cost lost due to absenteeism, in contrast, leave may offer restored capacity and recovery.
- Aligns with Existing Laws: Occupational Safety, Health and Environment Code, 2020, mandates "just and humane conditions of work" under Article 42 of Constitution.
- De-stigmatize Menstruation: Advance gender equality, reduce social and cultural taboos related to menstrual health.
Key Issues
- Informal Sector: Employing around 88% of workforce has no leave framework.
- Assumed Structural Hostility of Workplace: Leave premise may be built on notion that workplaces are structurally hostile to menstruating bodies with absence oof heating facilities, restrooms, etc.
- Reality of Job Market: While affirmative action for females is constitutionally recognised, mandatory leave provision would make them unattractive, harming a woman’s career.
- Reinforce Gender Stereotypes: Risk of discrimination in hiring with already existing obligations on employers like maternity benefits and creche facilities, etc.
Existing Menstrual Leave Policies
- India: Currently no law governing it. However, some states have policy in this regard.
- Bihar (first state to introduce it in 1992); Kerala (2023); Odisha (2024); and Karnataka (2024).
- Global: Countries like Indonesia, Japan, South Korea, Ireland and Italy have policies in place.
- Private Sector: Zomato, Swiggy, BYJU’s, have such policies.
