Menstrual Leave: Should it be Mandated?

What is menstrual leave?

Menstrual leave is a policy that provides menstruating employees with either paid or unpaid leave from their jobs during their periods. In some jobs, working while menstruating can put one’s health at risk, leading to decreased productivity. This policy can also be extended to students pursuing higher education.

What is the status of menstrual leave in India?

The earliest policy for menstrual leave in India which is still active is Bihar’s, which was introduced in 1992 and allowed women two days of paid menstrual leave every month.

Since 2023, the state of Kerala has offered menstrual leave to all female students pursuing higher education in state universities. 

Most recently, in 2024, the state of Odisha has introduced a one-day menstrual leave policy for female workers in both private and public sectors, in which they may opt to take a leave on either the first or second day of their menstrual cycle.

There is currently no law about menstrual leave in India, or any current efforts being made from the centre to mandate paid menstrual leave across the country. 

In the past, the Menstruation Benefits Bill 2017, Women’s Sexual, Reproductive and Menstrual Rights Bill 2018, and Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill 2022 were attempts to regulate menstrual leave in central legislation, which were turned down.

Most recently, the Supreme Court heard a PIL on the matter of menstrual leaves, and the Chief Justice claimed that the matter was a government policy aspect in which the court found no reason to intervene. 

What is the need for menstrual leave?

• Improved Health and Well-being - The symptoms of menstruation like menstrual cramps, bloating, nausea, and mood swings can cause physical and emotional discomfort, preventing one from working properly. By taking a leave, one can take the time to address these symptoms and go back to work rejuvenated. Not every job is a desk-job in which managing menstruation symptoms would be relatively easy. Jobs which require physical labour, technical skills or lots of walking/travelling can put the body under extra stress when one is menstruating.

• Addressing the Gender Gap - By offering women menstrual leaves that do not put their employment or income at risk, gender disparities in workplaces can be minimised.

• Maximising Productivity - Women who take menstrual leaves are more likely to have increased productivity when they return. For employers, this also means an increase in employee satisfaction and retention. 

• Encourages Open Conversation - Normalising the topic of menstruation in the workplace and recognising that menstruators may need to take leaves to prioritise their health can reduce the stigma on menstruation. Workplaces may be more likely to have an adequate supply of period products for their employees.

What are the risks of mandating menstrual leave?

• Discourages Hiring of Female Employees - Employers may refrain from hiring female workers as they would be granted more days off than male workers. Menstrual leave may be perceived as a burden or liability. 

This occurred in the Soviet Union. While menstrual leave was implemented in the early 1920s in some job sectors, it was removed in 1927 as female workers were being discriminated against and not hired as much.

• Workplace Discrimination - When menstrual leaves are taken every month despite employees being able to work, it could lead to a disruption in workflow and feelings of resentment among employees who do not menstruate.

• Potential for Misuse - Menstrual leaves could potentially be misused if one takes leaves despite being able to work, or not getting one’s period etc.

• Invasion of Privacy - In cases where the employee’s menstruation status has to be verified, it may be awkward or inappropriate to prove that one is menstruating to a senior.

• Reinforces Misogyny - Mandatory menstrual leave can damage the stance of women and the notions of menstruation as a burden. Some maintain that menstruation is not a handicap and that if one’s menstruation prevents one from working, they can opt for sick leaves.

What can companies and workplaces do?

• Flexible Working Conditions - Companies can offer flexible work arrangements including the options to take meetings online, work from home or work for half a day instead of taking a leave. Employees should be encouraged to take enough breaks in between tasks.

• Menstrual Health Awareness - Employers and employees should have accurate information about menstruation and how the workplace can be more accessible for menstruating employees. Workshops can also be organised for employees to understand how to best optimise their menstrual health and hygiene. 

• Provision of Menstrual Products - Menstrual products can be made easily available depending on the ratio of menstruating employees in the workplace, especially for emergency use.

More to read

Tips to manage periods in workplace

Best organic period products

Tips to manage periods as teen

Organic sanitary pads