MENSTRUAL LEAVE POLICY

Why in the news?

There have been several discussions regarding providing a Paid Menstrual Leave policy in India. 

What is menstrual leave?

It is a type of leave where women and trans women may have the option of taking a paid leave from their workplace during the period of menstruation.

Significance of providing menstrual leave policy in India

• Aligns with fundamental rights: Menstrual leave could be in line with Article 21 (Right to Life) and Article 14 (Right to Equality) of the Constitution. 
  • Additionally, the Constitution empowers the State to make special provisions for women and children under Article 15(3).
• Addresses the unique health needs of women: Menstruation is accompanied by a variety of moderate to severe symptoms such as cramps and fatigue, etc., impacting women’s daily lives.
  • Further, lack of proper sanitation facilities at the workplace can impact women’s hygiene and reproductive health.
• Mitigates presenteeism: It would provide an opportunity for society and employers to reevaluate attitudes surrounding absenteeism and work ethic.

• Boosts productivity: It will help create a positive work environment and culture, enhancing overall productivity, and fostering healthier workplace dynamics.
• De-stigmatizes discussion around women’s health: Discussion about menstruation among all employees may foster support for women’s reproductive health and reproductive rights.

Issues/Challenges related to menstrual leave

• Potential discrimination in workplace: Offering specific leave for menstruation may inadvertently lead to biases or stereotypes against women, impacting hiring decisions, promotions, and overall career advancement.
• Perpetuating Sexist Beliefs and Attitudes: Menstrual leave may perpetuate the gender stereotypes and notions of biological determinism, like assumptions that women are unfit for the workplace and, thus, justify gender discrimination in society.
• Resentment among employees: Accommodating menstrual leaves may disrupt workflow, increase workload for other team members, or create resentment among employees who do not receive similar benefits.
• Financial strain: Providing additional leave benefits may result in increased operational costs, affecting budgets and profitability, particularly for small businesses and startups.
• Implementation in informal sector: Informal workers, Freelancers and gig workers often lack traditional employee benefits, making it difficult to extend benefits.
• Social stigma: Even if provided, Female employees may feel hesitant to seek benefits due to societal stigma around discussing menstrual issues in public. 

Way Forward

• Implement Menstrual leave Policies by incentivizing private firms to provide menstrual leave and conveying to them the benefits of enhanced female participation. 
• Seek Alternatives which offer flexibility to women, such as working from home, customized work schedules, etc.
• Creating an inclusive workplace environment by ensuring equal access to hygienic facilities, private spaces for menstrual hygiene management, and stocking essential supplies like sanitary pads, tampons, heating pads, etc.
• Destigmatizing menstruation through education and awareness campaigns on menstrual health and hygiene.
• Reconsider healthy work culture by creating sick, parental, and vacation leave policies that are responsive to worker needs, including the provision of additional paid leave.