Menstrual Leave Policy

Context:

Spain has passed a law that introduces paid menstrual or period leaves, making it the first European country to do so.

The law provides for three to five days of monthly paid leaves after a doctor’s note is shown.
It also includes provisions for free menstrual hygiene products to be made available in educational centres, prisons, and social centres.

What is Menstrual Leaves?

A type of leave where a woman may have the option to take paid leave from her employment if she is menstruating and is unable to go to work because of this.
Global Scenario: Many Asian countries have policies on period leaves, the earliest being Japan which passed a law way back in 1947. South Korea did that in 2001.
Indian Scenario: In India ‘States’ govern the subject of health and their experience has varied.
- Bihar and Kerala are the only States which allow menstrual paid leave to women.
Private sectors: Nike and Zomato introduced a “period leave” policy for women.

Arguments in Favour of Paid Menstrual Leave:

Workplaces need to accommodate biological differences between co-workers.
Women’s health complications during their monthly cycle, such as cramps, back and muscle pains, bloating, headaches, nausea, and dysmenorrhea, can significantly impact their work productivity.
Lack of information and access to sanitary products has led to many girls dropping out of school at puberty in India.
Like Maternity leave, Menstrual leave will promote gender equality.
According to a Public Interest Litigation (PIL) filed in the Supreme Court of India, Article 14 of the Indian Constitution (right to equality) is being violated since some states have menstrual leave policies in place while others do not.

Arguments Against Paid Menstrual Leave:

Paid menstrual leave has been slow to take hold as national policy in most countries.
It could portray women as less capable than men and raise questions about their work efficiency.
Policies for menstrual leave exist in some places, but few women use them due to lingering taboos and discomfort discussing their menstrual health.
The experience of a period is different for different women, and certainly differs month-to-month for the same woman.
Mandating paid leaves could discourage the hiring of women. According to a study, over 1 million women lost their jobs in India in 2018-19 across 10 major sectors owing to the Maternity Benefit (Amendment) Act 2016 which doubled paid maternity leave from three to six months.

Recommendations:

Increase the number of paid sick leaves by law for both men and women (but keeping it equal).
Encourage work-from-home policies that allow employees to work remotely for a fixed number of days in a month.
Apart from this, the focus should be on normalising menstruation and ensuring ‘Effective Menstrual Hygiene Management’.