Menstrual leave

• Menstrual leave for workers and students across the nation was the subject of a PIL that the Supreme Court declined to consider since it was a matter of policy.
• During a hearing on a case about menstrual leave, the Supreme Court of India instructed the petitioner to contact the Ministry of Women and Child Development to develop a policy.

Facts of the Petition:

• In accordance with Section 14 of the Maternity Benefit Act of 1961, the petitioner asked the Supreme Court to order the government to establish guidelines for awarding menstrual pain leave to working women and students.
• Inspectors are appointed under Section 14.
• According to this law, authorised governments may designate such officers and specify the local boundaries of jurisdiction in which they must carry out their duties.
• The petitioner emphasised that a number of nations, including the United Kingdom, China, Wales, Japan, Taiwan, Indonesia, South Korea, Spain, and Zambia, currently offer some sort of menstrual discomfort leave.
• The Petitioner stated that the various provisions of the 1961 Act acknowledge and respect the motherhood and maternity of working women.
• The very first stage of maternity, the menstrual period, has been knowingly or unknowingly ignored by society, the legislature, and other stakeholders in society, with the exception of a few organisations and State governments, despite numerous provisions under various laws and policies to take care of women in difficult stages of her maternity.
• The only States that permit menstrual pain leave are Bihar and Kerala.

About menstrual/period leave:

• Any rules that permit workers or students to take time off while they are dealing with menstruation pain or discomfort are referred to as menstrual leave. It describes employment practises that permit both paid and unpaid leave, as well as downtime for rest.

Indian examples include:

• Zomato announced a 10-day paid vacation break per year in 2020; Swiggy and Byjus have since done the same.
• Only Kerala and Bihar's state governments have given women access to menstruation leave.
• In 1992, the Lalu Prasad Yadav-led government of Bihar implemented a policy providing employees two days of paid menstruation leave each month.
• Kerala has announced that students enrolled in its department-accredited universities are entitled to menstruation and maternity breaks.

Worldwide examples:

• Together with a number of other sexual health rights, Spain became the first nation in Europe to offer paid menstruation leave to employees.
• Since the concept gained popularity among labour unions in the 1920s, Japan added menstruation leave to its labour laws in 1947. Employers are currently prohibited from asking women who are going through difficult times to work at certain times under Article 68.
• A policy that was initially adopted in Indonesia in 1948 and revised in 2003 states that employees who are experiencing menstrual pain are not required to report to work on the first two days of their cycle.
• Workers in the Philippines are allowed two days of menstruation leave in month

The Value of the Menstrual Leave Policy:

• It is crucial to comprehend the effects of such legislation as more and more states and nations throughout the world take steps to recognise and defend women's rights to menstruation leave.
• These policies enable workers to take a few days off during their cycle if necessary, and employers are making sure that everyone in the office is aware of them.
• This is a crucial step in realising that everyone's health requirements should be taken into account at work and giving them the tools they need to take care of themselves.
• Also, it plays a crucial role in fostering an environment where everyone feels at ease discussing their health requirements and being transparent about their menstrual cycle.
• Menstrual leave is more than simply a matter of personal comfort; when women are given the time and space to attend to their particular requirements during their cycle, they are more likely to stay in their positions, freeing up time and money for employers.
• Policies governing menstrual leave can improve workplace equity and establish an environment where employees respect and communicate with one another. Employers are required to acknowledge the significance of such policies and seek to ensure that they are applied in an equitable and fair manner.

What legislative actions are being taken in relation to menstrual leave?

Efforts Made in the Past:

• Menstrual leave and menstrual health products laws have been introduced in parliament, but so far they have not been successful.
• Examples include the Women's Sexual, Reproductive, and Menstrual Rights Bill from 2018 and the Menstruation Benefits Bill from 2017.
• Access to free menstrual health products and the Right to Menstrual Leave for Women Bill, 2022.
• The proposed Law intends to expand the benefit to students and offers three days of paid vacation for menstruation for women and transwomen.
• According to studies cited in the bill, close to 65% of girls who missed school because of their periods claimed it had an effect on their daily school activities.