MENSTRUAL LEAVE POLICY

1. Context

2. About Menstrual leave

• Menstrual leave refers to all policies allowing employees or students to take time off when experiencing menstrual pain or discomfort.
• In the workplace context, it refers to policies that allow for paid or unpaid leave or time for rest.
• More than half of those who menstruate experience pain for a couple of days a month; for some, it is debilitating enough to hamper daily activities and productivity.

3. Arguments against it

• Not everyone, even those who menstruate, is in favour of menstrual leave.
• Some believe that it is not required and that it will backfire and lead to employer discrimination against women.
• For example, in response to the plea filed in the Supreme Court, a caveat was filed for highlighting a potential issue with menstrual leave.
• If you compel employers to grant menstrual pain leave, it may operate as a de facto disincentive for employers to engage women in their establishments in a policy dimension.

4. The global menstrual leave policies

• Spain became the first European country to grant paid menstrual leave to workers.
• Workers now have the right to three days of menstrual leave expandable to five days a month.
• In Asia, Japan introduced menstrual leave as part of its labour laws in 1947, after the idea became popular with labour unions in the 1920s.
• At present, under Article 68, employers cannot ask women who experience difficult periods to work during that time.
• Indonesia too introduced a policy in 1948, amended in 2003, which states that workers experiencing menstrual pain are not obliged to work on the first two days of their cycle.
• In the Philippines, workers are permitted two days of menstrual leave a month.
• Among African nations, Zambia introduced one day of leave a month without needing a reason or a medical certificate, calling it Mother's day.

5. Attempts being made in India

• Section 14 of the Maternity Benefit Act, of 1961 deals with the appoint of inspectors.
• It says that appropriate governments may appoint such officers and may define the local limits of jurisdiction within which they shall exercise their functions under this law.
• Among State governments, Bihar and Kerala are the only ones to introduce menstrual leave to women.
• The Bihar government, then headed by Lalu Prasad Yadav, introduced its menstrual leave policy in 1992, allowing employees two days of paid menstrual leave every month.
• Recently, Kerala Chief Minister Pinarayi Vijayan announced that the State's Higher Education department will now grant menstrual and maternity leave for students in universities that function under the department.
• Additionally, Congress MP from Kerala Hibi Eden announced that he will be moving a private member's Bill seeking the right to paid leave during menstruation for working women, menstrual leave for female students and free access to menstrual health products, in the ongoing Budget session of the Parliament.

For Prelims & Mains