Menstrual leave a must, can’t be left to discretion of companies, say employees  

Experts say mandatory menstrual leave isn’t counter-productive and women’s health should be a national responsibility

Updated - July 16, 2024 12:31 pm IST

Published - July 15, 2024 07:58 am IST - New Delhi

Menstrual calendar. Image for representational purposes only.

Menstrual calendar. Image for representational purposes only.

Neha Khemka, a master’s student at Jamia Millia Islamia, battles the challenge of polycystic ovary syndrome (PCOS) every month.

“The pain and discomfort from PCOS can be overwhelming. There are days when attending classes and focusing on my studies becomes nearly impossible,” she said. 

Yet, with Jamia’s strict 75% mandatory attendance policy, students like her face a monthly struggle.

Ms. Khemka is one of many women supporting mandatory menstrual leave policies in India. She said that such policies should be mandated by the court and not left to the discretion of employers.

A survey conducted by menstrual hygiene brand Everteen last year found that 73% of women want companies to allow menstrual leave.

Anjali Kumar, a marketing professional, said, “There are days when the pain and discomfort are so severe that it’s impossible to focus. Having the option of menstrual leave would not only improve my productivity but also my overall well-being.”

Corporate perspective

Some companies in India have taken steps to address this issue. Swiggy, a prominent food delivery service, implemented a no-questions-asked, two-days-a-month menstrual leave policy.

According to Swiggy, providing menstrual leave or paid time off acknowledges the unique health needs of their women workforce, particularly those engaged in physically demanding roles such as the delivery of food.

“There was a sudden spike in positive feedback when we first implemented menstrual leave,” a spokesperson from Swiggy said. “It not only promotes inclusivity but also encourages more women to consider delivery roles as viable career options.”

However, not all organisations have adopted such measures. For instance, a large consumer products manufacturer in India that doesn’t offer menstrual leave explained the internal challenges in doing so.

According to a representative from the company, they believe that people can work effectively throughout their menstrual cycles and have the option to take sick leave if needed.

The company representative attributes their decision to factors such as operating in a male-dominated industry where such initiatives have not been a prominent topic of discussion. 

Moreover, they argue that productivity is not significantly impacted by menstrual health issues.

“There’s been no legal mandate compelling us to implement menstrual leave, which means there is little incentive,” the representative explained. “Additionally, the absence of women in leadership roles makes it challenging to initiate these discussions within our all-male boardroom.”

Supreme Court directive

In a significant development, the Supreme Court recently directed the Centre to frame a model policy on menstrual leave for women employees by consulting States and other stakeholders.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud stressed that the issue falls within the domain of policymaking.

The court acknowledged that a judicial mandate on menstrual leave could potentially discourage employers from hiring women. Instead, it suggested that the government should take the lead in formulating a policy that balances the needs of women with concerns about workforce participation.

The Bench allowed the petitioners to approach the Union Ministry of Women and Child Development and requested that it look into the matter and consult all stakeholders to develop a suitable policy.

However, activists and experts in the field of menstrual health have voiced their disagreement with the court’s cautious approach. Dr. Surbhi Singh, a gynaecologist and head of NGO Sacchi Saheli in Delhi, argued that mandatory menstrual leave isn’t counterproductive.

“There are all kind of jobs, not just comfortable desk jobs. And bodily pain is real… if women need leave, they should have the option without fear of any repercussion,” she said.

Ms. Singh also underscored the broader implications for national health and productivity.

“Women health is a national responsibility. If we don’t take responsibility for this, it will impact our future productivity and growth,” she said.

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