Menstruation Leave: A Concern for Women

Introduction

The Central Government was recently urged by the Supreme Court to create a model regulation regarding menstruation leave for female employees. The court emphasized that this issue is outside of its purview and beyond policy-making’s jurisdiction.

What is the Situation of Menstruation Leave in India?

• Menstrual (Period) Leave: In this sort of take-off, working ladies can select to take paid or unpaid time off from their put of business when they are bleeding, given that it does not negatively impact their capacity to work.
• Adopted the Policy: The only Indian states with menstruation leave laws for women are Bihar and Kerala.
  • Bihar’s policy, which was implemented in 1992, grants female employees two days of paid vacation each month for menstruation.
  • Kerala will let female students at all colleges and institutions take menstruation leave in 2023, while female students who are older than 18 will be able to take up to 60 days of maternity leave.
  • Menstrual leave policies have been implemented by a few Indian enterprises, such as Zomato, which in 2020 announced that it will offer a 10-day paid period vacation annually.
  • Other businesses have also adopted this strategy, including Swiggy and Byjus.
• Legislative Measures Taken
  • In India, there is neither a centralized policy for “paid menstruation leave” nor legislation controlling menstrual leave.
  • Previous Attempts: Attempts to present measures on menstruation health products and leave have been made in Parliament, but they have not been successful thus far. As an illustration, consider the 2017 Menstruation Benefits Bill and the 2018 Women’s Sexual, Reproductive, and Menstrual Rights Bill.
  • Right of Women to Menstruation Leave and Free Access to Menstrual Health Products Bill, 2022
    • For women and transwomen, the proposed bill offers three days of paid leave during the menstrual cycle.
    • According to statistics cited by the Bill, 40% of females leave school when they are menstruating, and over 65% of them claim it affects their everyday academic pursuits.

Which Countries Have Implemented Menstruation Leave?

• Vietnam, South Korea, Taiwan, Japan, Indonesia, Philippines, and Zambia.
• With a monthly maximum of five days of paid leave, Spain is the first European nation to offer paid menstruation leave to its workforce.

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

• Health and Well-being: Menstruation can lead to both mental and physical discomfort, including bloating and cramping. Women may prioritize their health and treat these symptoms without worrying about money thanks to paid leave.
• Workplace Inclusivity and Gender Gap: By normalizing menstruation, this leave will lessen stigma and promote candid conversation about menstrual health. Because of its positive effects on job performance, women may fully engage in the workforce without having to sacrifice their income, which helps close the gender pay gap.
• Productivity and Retention
  • According to studies, menstruation leave can increase productivity by enabling women to properly manage their periods and prevent working while uncomfortable. It may also help to increase the retention of employees.
  • According to the IMF, if women are equally represented in the workforce, India’s GDP will grow by 27% and reach USD 700 billion by 2025. Therefore, gender equality and economic progress go hand in hand.
• Legal Perspectives
  • Article 15(3): Allows women to get special treatment, rebutting accusations of discrimination against males who are unable to take menstrual leave.
  • Article 42: Requires the government to provide “maternity relief” and “just and humane conditions of work.” Menstrual leave is viewed as an extension of this obligation, encouraging a climate at work that is compassionate for women who are menstruating.

What are the Arguments Against the Menstruation Leave?

• Discouragement of Hiring Female Employees
  • Menstrual pay may discourage employers from recruiting women because of the possibility of perceived absence.
  • Because female employees must take a paid vacation every month, employers may view them as a liability.
• Discrimination at Workplace: Allowing menstruation absences might cause workflow disruptions, add to the task of other team members, or incite animosity among workers who don’t get the same advantages.
• Enforcement Issues: Determining appropriate usage, avoiding abuse, and establishing appropriate enforcement strategies for employers are some of the problems associated with implementing paid leave for menstruation.
• Reinforcing Stigma: Policies of special leave may portray menstruation negatively, which might result in discrimination and period shame.

Also read: Ayurveda in the Prevention of Healthcare

What are the Govt Schemes to Promote Menstrual Hygiene Management?

• Menstrual hygiene scheme launched by the Ministry of Health and Family Welfare
• Rashtriya Kishore Swasthya Karyakram
• SABLA program of the Ministry of Women and Child Development
• Swachh Bharat Mission and Swachh Bharat: Swachh Vidyalaya (SB:SV)
• Guidelines for Gender Issues in Sanitation, 2017
• The National Guidelines on Menstrual Hygiene Management
• Scheme for Promotion of Menstrual Hygiene among adolescent girls in the age group of 10-19 years (supported by the National Health Mission)

Way Forward

• Encouraging Menstrual Health Literacy: Make certain that medical professionals, employers, and workers have access to excellent resources about menstrual health and practical treatment alternatives.
• Including Enough Rest Periods: Supply employees with the opportunity to take breaks and use hygienic restrooms, particularly those who are menstruating. This lowers the possibility of diseases and injuries at work and benefits every employee.
• Encouraging Menstrual Leave Policies: The government should encourage menstrual leave by creating gender-neutral leave policies for all workers and by awarding tax breaks to businesses that provide it.
• Access to Effective Treatment: Employers should assist staff members in getting access to good medical advice and treatment for severe menstruation symptoms, as well as free emergency period products and pain relievers.
• Flexible Working Conditions: Instead of mandating full-day leave, allow for flexible work arrangements, such as the option to work from home or take shorter breaks.
• Sufficient Guidelines for Workplace Conditions and Workers’ Rights: Raise international minimum guidelines for work hours, pay, health and safety, and equal opportunities. This will do away with the necessity for distinct menstruation leave policies.

Conclusion

Menstruation leave for women remains a critical concern in India, with only Bihar and Kerala offering policies. While some companies like Zomato provide such leave, there is no centralized legislation. Paid menstruation leave could promote health, inclusivity, and productivity. However, concerns include potential hiring biases and workplace discrimination. Encouraging menstrual health literacy and flexible working conditions are key steps forward.

Frequently Asked Questions(FAQs)

Sources:

• https://www.indiatoday.in/india/story/smriti-irani-opposes-paid-period-leave-women-employees-menstruation-not-handicap-2475777-2023-12-14
• https://en.wikipedia.org/wiki/Menstrual_leave
• https://indianexpress.com/article/lifestyle/life-style/menstrual-leave-debate-smriti-irani-comments-workplace-discrimination-women-workforce-impact-9069881/
• https://www.hindustantimes.com/cities/delhi-news/period-talks-many-women-feel-menstrual-leave-at-workplace-should-be-a-valid-option-101702639628123.html
• https://www.thehindu.com/news/national/explained-menstrual-leave-and-its-global-standing/article66554246.ece
• https://www.washingtonpost.com/world/2023/02/17/spain-paid-menstrual-leave-countries/