Menstrual Leave for Working Women
Introduction-
During their monthly cycle, women may experience some degree of physical discomfort or pain; this is reinforced by other changes that occur in their bodies and affect their moods and emotions.
During this troubled period, most women may find it hard to sustain productivity levels in an otherwise bustling work setup. Other forms of abnormalities include diseases causing such menstruation-related issues like ovarian cysts, endometriosis, and dysmenorrhea to name a few.
Because of the social burden of ovular activities, even voicing a matter, covering these activities is most often covered.
Similarly, ‘period leave’ is one of the very progressive policies and practices that needs to be looked at from a legal perspective in India Soumitra.
When work circumstances may arise that require the individual to state his or her conditions concerning menstruation, the possibility of relating these to external factors such as menstruation is discouraged for several reasons including the culture of menstruation, the risk of being discriminated against, the risk of missing out on career opportunities and others. Hence, the provision of menstrual leave would help to initiate and promote a healthy culture concerning menstruation without discriminating or alienating any individuals based on their gender….
Allowing female employees the right to adequate rest when they are on their menstruation will lead to the high productivity of such employees as they will be able to concentrate on business matters and deliver positively. Few states and institutions within India have already introduced menstrual leave policies for women:
• Bihar has introduced two days of paid menstrual leave for women employees back in 1992
• Kerala has introduced three days of period leave for female students recently in 2023
• Zomato has Announced 10 days of paid period leave per year in 2020
• Swiggy and Byjus have also introduced a menstrual leave policy
Some countries have created regulations that allow an employee to take a day off specifically when they are distressed or in great pain during their menses. Notable examples are a few which follow below:
Japan: A special category of holidays is in place for women to take days off work for their menstruation issues.
South Korea: Women can opt for menstrual leave, and it is seldom with paid wages.
Taiwan: During that biological period, women can take leave, and some of the companies have payed this leave.
Indonesia: They have policies that allow women to go home during their menstruation but their in practice varies.
Zambia: Has also rolled out a policy aimed at workplace provisions during the menstrual cycle.
Spain: The legal framework also includes a relatively new proposal that allows women to take time off work because of particularly painful periods.
Italy: Regions have merged plans for menstrual leave policy also, though it is not yet everywhere plan.
Amendments that can be made in Indian Legal System to Legalize Menstrual leaves for working women:
Amendment to the Maternity Benefit Act 1961 with an additional provision of menstruation leave:
(i)Inclusion of Menstrual Leave: New clauses should be made to the Maternity Benefit Act allowing women to take additional time off on account of menstruation leave as an entitlement.
(ii)Extension of Benefits: Provide for an appropriate number of paid days that a woman shall take on menstruation lack of leave motherhood head reservation.
Amendment to the Factories Act of 1948:
(i)Incorporate Menstrual Leave Provisions: As factories engages labour in physical work that could affect women’s health.
(ii)Health and Safety Compliance: Obligate the employers to pledge adequate provision of sanitation and sanitary supplies for menstruation for all female workers.
Amendment to the Shops and Establishment Act:
(i)Uniform Application Across Sectors: Carry out same across all forms of establishments including shops and offices that menstrual leave be given to employees.
(ii)Define Leave Entitlements: State and conditions under which absence leaves are allowed clearly out succinctly the number of days that will be granted per each absence got caused by menstruation.
Incorporation into the Employees’ State Insurance Act 1948:
(i)Coverage for Menstrual Leave: Every beginning attaining the role of an insurer should incorporate an insurance to cover remuneration for employees on menstrual leave while convalescing.
(ii)Healthcare Support: Include emergency shelter camps for the seekers and their support through menses.
New Legislation:
(i) Menstrual Leave for Working Women Act: Bring forth a separate women’s rights legislation that enables women to claim annual menstrual leave as in other labor laws for other types of leaves.
(ii)Establish Disciplinary Measures for Employers‘ Non-Compliance: Describe the legal consequences that will be meted out to employers who have failed to implement provisions on menstrual leave.
Recently, the Supreme Court dismissed a petition to make menstrual leave mandatory at the workplace claiming that “mandating menstrual leave may lead to women being shunned from the workforce”. The former Union Women and Child Minister, for instance, took a stand against menstrual leave in Parliament saying it would be used to discriminate against women and asked the house, “Why should a woman’s menstrual cycle be known to her employer?” In other words, that it is a private matter and should remain so, not spilling into public life or the workplace.
Conclusion-
Creating an inclusive workplace is becoming more important than how it is assumed and practiced in modern times, as it has been discussed and understood recently. Menstrual leave is a prudent management judgement in overcoming years’ worth of taboo. There is a need to keep pace with the changes in workplace practices and introduce the right practices for the good of the organization and all its employees. However, while ‘menstrual leave’ is a practice that has been implemented by organizations only recently, and even the existing Indian legal framework has not yet looked on that issue, the Government of Bihar managed to be ahead of its time on this one. Organizations should take measures aimed at providing and upholding a safe and healthy working environment, which can be achieved through the implementation of policies, provision of relevant benefits, provision of assistance and awareness and education of the workforce. Providing an opportunity for frank discussions and assisting employees to manage their menstruation through conversation rather than assigning to it an element of taboo would go a long way in changing the picture of the workplace today.
