Menstrual Leave Policy

By Shreya Singh

With the ever-evolving professional landscape and work culture, several policies are being introduced from time to time by the government and organisation to improve the working conditions of employees and enhance productivity. Yet, amid these significant strides towards a more inclusive and efficient workplace in the 21st century, one essential matter intrinsic to women's lives, remains absent from the forefront of discussions: the 'Menstrual Leave policy.’ Menstrual leave is a crucial topic that touches on issues of gender equality, workplace wellness, and employee rights. While gaining traction in recent years, it has been met with both support and scepticism. In this essay, we will delve into the discourse surrounding menstrual leave, the legal stance of it, and its potential benefits for individuals and society as a whole.

Menstruation, a natural phenomenon, commonly known as ‘periods,’ is a recurring biological process that affects almost half of the world’s population. During menstruation, a menstruator experiences discomfort, and those who experience menstrual cycle-related illnesses such as dysmenorrhea, endometriosis, ovarian cysts, and mood disorders might not even be able to do their daily chores. A recent study conducted by Evidation & Myovant Sciences revealed that approximately 1 in 3 individuals with endometriosis have considered quitting work or school due to symptoms. In a professional setting, this hampers the productivity of the individuals, and the taboo and stigma attached to it make women reluctant to open about it.

In view of the same, menstrual leave promotes the wellbeing of the individual and provides them with the opportunity to speak-up about their menstrual-cycle related issues, reducing the stigma and secrecy attached to it in the workplace. Further, by granting menstrual leave, employers signal that they recognize and value the unique needs of their female and gender-diverse employees. This, in turn, fosters a more inclusive and equitable work environment sending a powerful message that the workplace acknowledges the role of menstruation in an individual's life and is committed to creating a supportive atmosphere for all. 

Menstrual Leave vs Sick Leave

It has been argued that menstruators, when necessary, can use their available sick leave. However, it is essential to understand that menstruation is not an 'illness' requiring medical management; it is simply a biological phenomenon. By medicalizing menstruation, we risk reinforcing the stigma associated with it, which views women as inferior and less effective in the professional workplace compared to their male counterparts. Therefore, it is crucial to draw a line between menstrual leave and sick leave.

Legal Stand on Menstrual Policy

It is worth noting that the concept of a menstrual leave policy is not entirely novel, as many countries have already implemented such policies, which we will examine next.

• In Japan, according to the Labour Standard Act 1947, Article 68, no woman should be asked to work on days of menstrual period especially when the work is difficult.
• In Indonesia, according to the Indonesian Labour Law, Act 13 of 2003, Article 81, female workers/laborers who feel pain during their menstrual period and informed the same to their employer are not obliged to come to work on the first and second days of menstruation.
• According to the Philippines Menstruation Leave Act, every female employee, except pregnant and menopausal women, who has rendered at least six months of service shall be entitled to a monthly menstruation leave of up to two days Spain, which has also become the first European country to grant paid menstrual leave to workers, has allowed female employees to take 3 to 5 days of leave for menstrual pain with a doctor's note, and the State social security system supports this financially.
• South Korea has provided its female employers with one day of “physiologic leave” per month if a worker files a claim for it. (Article 73)
• In Taiwan, female employees can request up to three days of leave per year, with a monthly limit of one day. If an employee requires more than these three designated menstrual leave days, the additional days will be deducted from their available sick leave allowance. Both the prescribed three-day menstrual leave and regular sick leave can be availed of at half the employee's salary rate.
• In Vietnam, according to Article 137, During her menstruation period, a female employee shall be entitled to a 30-minute break every working day.
• In Zimbabwe, according to parliamentary provision article 47, A female employee is entitled to one day’s absence from work each month without having to produce a medical certificate or give reason to the employer.

Status of Menstrual Leave in India

Explicitly, there is no provision of paid or un-paid leave related to menstruation in the labour law of India. However, an exception exists in the state of Bihar, where, since 1992, the government has granted female employees working in state government-affiliated organizations two consecutive days of "special" leave per month.

Additionally, in 2017, a private member's Bill was introduced in the Indian Parliament to provide four days of paid menstrual leave per month to female employees in registered establishments. The Menstruation Benefit Bill, 2017, aimed to establish menstrual leave and related benefits, including a grievance redressal mechanism was introduced but it was not presented for discussion in Parliament.

Further, In January 2023, a public interest litigation (PIL) was filed before the Supreme Court of India, requesting that all states formulate a policy for menstrual pain leave for female students and working women under the Maternity Benefit Act, 1961. However, the Supreme Court disposed of the PIL by suggesting that the petitioner submit a representation to the Union Ministry of Women and Child Development for further consideration. Consequently, the legal position regarding menstrual leave in India remains unchanged.

Recently, a proposed bill called the "Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022" was introduced aiming to provide three days of paid leave for women and transwomen during their periods and extend the benefit to students. However, the bill has yet to become an act. The bill cites research that indicates that menstruation affects girls' education, with approximately 40% of girls missing school during their periods, and nearly 65% saying it has an impact on their daily activities at school.

Though there is no specific legal framework for menstrual leave in India, organizations have the flexibility to independently make decisions in this regard. As a result, many businesses in India are now crafting internal policies. In 2020, Zomato announced a 10-day paid period leave per year followed by other companies such as Swiggy and Byjus.

Possible Drawbacks of Menstrual Leave Policy

With a range of diverse menstrual leave policies across the world and ongoing deliberations on their extension, it is necessary to critically consider the potential merits and demerits of incorporating menstrual leave into employment standards. There have been arguments that menstrual leave could perpetuate menstrual stigma and gender stereotypes further affecting the gender ratio and wage gap at the workplace.

Rachel B. Levitt and Jessica L. Barnack-Tavlaris, in their article titled “Addressing Menstruation in the Workplace: The Menstrual Leave Debate” explained that how menstrual leave policy can be influenced by benevolent sexism, which views sex and gender in a stereotypical way and implicates that women’s purpose of life is to bear children. The same can be understood in the context of Japan’s policy on menstrual leave which was created primarily to protect women’s capacity to bear children.

The article further talked about the importance of inclusivity and confidentiality in menstrual leave policies, acknowledging that not all individuals who menstruate identify as women. The menstrual policies need to consider the unique circumstances of queer, non-binary, genderqueer, and trans menstruators who may be uncomfortable in disclosing their menstrual status, and the policy might inadvertently "out" these individuals, making them feel pressured to disclose their menstrual status to access the leave or, conversely, making them hesitant to use the leave.

Concluding Remarks

Menstrual leave represents a significant initiative that not only addresses the needs and experiences of menstruators but also contributes to advancing gender equality in the professional workspace. It fosters a more inclusive and supportive environment, ultimately enhancing productivity and reducing absenteeism, which benefits both employees and employers. While the implementation of menstrual leave may present challenges, it is undeniably a step in the right direction, promoting the well-being and dignity of all employees.

References

https://www.scconline.com/blog/post/2023/03/07/looking-beyond-the-law-the-case-of-menstrual-leave-in-india/

https://www.indiatoday.in/technology/news/story/after-swiggy-and-zomato-another-company-

announces-period-leave-for-women-employees-2312424-2022-12-22

https://www.ncbi.nlm.nih.gov/books/NBK565643/

https://www.drishtiias.com/daily-updates/daily-news-analysis/menstrual-leaves

https://evidation.com/resources/myovant-sciences-and-evidation-announce-survey-results-of-

unseen-burdens-at-work-and-school-of-individuals-with-endometriosis-and-uterine-fibroids

https://www.ilo.org/dyn/travail/docs/2018/Labor%20Standards%20Act%20%20www.cas.go.jp%20version.pdf

https://www.ilo.org/dyn/travail/docs/760/Indonesian+Labour+Law+-+Act+13+of+2003.pdf

https://www.boe.es/buscar/act.php?id=BOE-A-2023-5364#au

https://elaw.klri.re.kr/eng_service/lawView.do?hseq=25437&lang=ENG

https://nhankiet.vn/vi/r2579/The-Labor-Code-2019--Effective-Jan-01-2021.html

https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Employment%20Code%20Act%20No.%203%20of%202019.pdf