Introduction
The discussion on the menstrual leave policy has recently gained traction. Menstrual leave refers to paid or unpaid time off due to menstruation. While the current Minister of Women and Child Development (MoWCD), Annpurna Devi, clarified that the government currently has no mandate for menstrual leaves, some states, such as Odisha, have enacted provisions for them with one day per month leave for government employees under the age of 55, and Karnataka, with six days off annually for both public and private sectors. The implementation will begin in the private sector and later be mandated in the public sector. Notably, since 1992, Bihar has permitted two-day per month leave for government employees as menstruation leave. Some private organisations, like Zomato and Culture Machine, also offer menstrual leave. Globally, several countries have implemented menstrual leave policies, including Japan (one day per month), Spain (three days per month), Indonesia (two days per month), South Korea (one day per month), Taiwan (three days per year), Vietnam (three days per month), and Zambia (one day). There are roughly 215 million working-age women and girls in India of reproductive age, who could benefit from this policy.
Pros of Menstrual Leave Policy
According to a report, 40% of women suffer from premenstrual symptoms, while nearly 80% of women suffer from dysmenorrhea. Dysmenorrhea refers to severe period pain and discomfort, which can lead to missed workdays. By offering menstrual leave, employers can foster a supportive work environment that recognizes the physical challenges faced during menstruation. The Menstrual Leave Policy could enhance employee well-being and reduce the stigma around menstruation, allowing individuals to prioritize their health without the added stress of job insecurity or income loss.
Sick leave is granted to employees for health-related issues that hinder their capacity to work efficiently. Menstruators generally use up their allotted sick leave to address the discomfort and symptoms of their periods. According to research findings, 270 out of 500 working women in India are prone to taking leaves during menstruation. By offering menstrual leaves to employees, sick leaves can be reserved specifically for non-menstrual medical emergencies.
In a study conducted in the Netherlands, out of over 30,000 women, 13.8% reported missing work or school during menstruation, with 3.4% missing days almost every cycle. On average, women took 1.3 days off each year due to menstruation and faced significant presenteeism, losing about 23.2 days of productivity annually. This led to a 33% productivity loss, assimilating to approximately 8.9 days lost each year. By implementing menstrual leave, organisations can create a healthier work environment that allows employees to rest and recover, thereby reducing productivity losses and promoting overall job satisfaction.
According to the Ministry of Labour and Employment (MoL&E), 9.3% and 3.4% of women leave their jobs for health and social reasons, respectively. Implementing menstrual leave policies can help address the health-related absences, aiding women in managing menstrual symptoms while reducing turnover. By acknowledging and accommodating employees’ circumstances, organisations can foster a more committed and stable workforce.
Potential Drawbacks
Implementing menstrual leave may expose women to harassment or pressure to disclose personal health information. The then MoWCD Minister Smriti Irani’s comments on the Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022 raise concerns about the rationale behind employers knowing women’s menstrual cycles and the risk of reinforcing traditional gender roles by implying that women are less capable during their cycles, which undermines efforts toward workplace equality. The bill proposes a leave of three days per month for working women and three days for female students under private and public sector organisations. The bill also elaborates that menstrual leave is an extension of Article 21 of the Indian Constitution.
Menstrual leave could also represent a form of benevolent sexism, suggesting that women require special treatment due to their biology, thereby undermining their equality in the workplace. Benevolent sexism perceives menstruation as a sign of womanhood and substantiates the idea that a woman’s role is limited to reproduction. In this case, while seemingly positive, menstrual leave would reinforce gender norms. Japan and Zambia’s menstrual policies are an example of benevolent sexism, as they focus on protecting women’s reproductive health with the underlying assumption that this is necessary to ensure women can fulfill their future roles as mothers.
Additionally, menstrual leave may promote absenteeism, as employees may take more time off. A study found that 43.8% of managers believe replacing absent employees is relatively difficult and the cost of substitution is high, leading to substantial economic losses for companies. Absenteeism, thus, could become a disadvantageous implication of such a policy.
Similar to maternal leave, menstrual leave could also introduce biases in hiring practices, as employers may prefer not to hire women due to perceived productivity losses and the belief that they are less capable, posing a risk for gender equality in workplaces, as explored by Lewitt and Barnack-Tavlaris. There is also concern that menstrual leave could be misused, further complicating the narrative around this policy.
Concerns to Address
A major concern regarding the menstrual leave policy is accessibility. According to the report by MoL&E, 5.3% of women are regular salaried employees whereas 6.8% are casual labour. Regular salaried employees would benefit from menstrual leave, while casual laborers often lack job security and such protections would not be extended. If menstrual leave is limited to those with stable positions, many women in precarious work will remain unsupported, deepening workplace inequalities. Making menstrual leave inclusive, and ensuring all women, regardless of their employment status, have access to necessary support is crucial for the efficiency of this policy.
Another challenge is the inclusivity of menstrual leave policy. It should not be limited to women alone; but also extend to transgender men, non-binary individuals, agender people, and other gender minorities who menstruate. While the discourse on the topic of menstruation as a phenomena for non-cisgender menstruators is dearth, it is essential to recognise that menstruation is not solely an experience of cisgender women for creating equitable workplace policies that respect and support diverse identities.
Policy Suggestions
To create an effective menstrual leave policy, it is imperative to develop an inclusive and empathetic understanding of the menstruators’ issues. Educating staff about menstrual health and issues of menstruation could enhance understanding and reduce the menstrual stigma.
An important step to ensure inclusivity in the menstrual leave policy is through degendering menstruation, as propounded by Klara Rydstörm, and by raising awareness about the experiences of all menstruators.
Economic losses could be minimised by providing flexible working arrangements, such as remote working opportunities or dedicated break rooms, where individuals could synchronously take breaks and complete their work, boosting productivity and well-being. For discussion of menstrual issues, a forum dedicated to menstrual struggles could be established to encourage transparency and support, allowing employees to voice concerns and suggest improvements.
Conclusion
While menstrual leave policies offer prominent benefits, such as enhancing employee well-being and promoting a supportive work environment, by allowing individuals to manage their health without job insecurity, potential drawbacks, including concerns about privacy, discrimination, and the reinforcement of negative gender stereotypes, present challenges that need to be addressed. The balance between the policy accommodating inclusivity on the one hand, and turning into a regressive society on the other, is delicate. Ultimately, the menstrual leave policy requires careful consideration to ensure it is supportive without jeopardizing workplace equity or efficiency.
