MENSTRUAL LEAVE POLICY -
POLITY
News: Recently,
the Supreme Court has asked the Central Government to frame
a model policy on menstrual leave for female employees.
What’s in the news?
What is Menstrual leave?
- 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 of Menstrual Leaves in India
- 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.
Arguments Against Menstrual Leave:
- 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.
Global Menstrual Leave Policies:
- 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: https://www.livemint.com/news/india/cji-dy-chandrachud-mandatory-menstrual-leave-petition-supreme-court-11720442614298.html