Let’s talk about it: The controversy surrounding menstrual leave policy

Dear Editor,

Menstruation, a natural and essential biological process, is a key aspect of women’s health, just like other important bodily functions. Menstrual leave is a type of leave, whether paid or unpaid, intended for women to take when experiencing discomfort and health issues during menstruation, such as dysmenorrhea, endometriosis, and other menstrual disorders. India currently lacks a comprehensive national framework regulating menstrual leave, which has sparked ongoing debates in social and legal spheres, despite numerous countries embracing menstrual leave policies.[1] Only a few states in India, such as Bihar, Odisha, and Kerala, and some private organizations like Zomato, Swiggy, BYJU’s, Gozoop, and universities, such as The Maharaja Sayajirao University of Baroda and Gargi College (Delhi University), have implemented such policies.[2]

On December 14, 2023, Union Minister Ms. Smriti Irani stated that the menstrual cycle should not be considered a limitation, sparking a national conversation about women’s rights and health benefits.[3] The Bill for the Right of Women to Menstrual Leave and Free Access to Menstrual Products of 2022 proposes granting women up to three days of paid menstrual leave as an extension of Article 21. A public interest litigation was filed in the Supreme Court of India in January 2023, seeking menstrual leave for female students and working women under the Maternity Benefit Act of 1961.[4] The Supreme Court suggested that the petitioner directs a representation to the Union Ministry of Women and Child Development for consideration.[4]

The introduction of a menstrual leave policy has significant public health implications for all women in every sector, especially in a country like India, where menstrual health is often stigmatized and not given priority. Implementing this policy is crucial for effectively addressing many public health concerns. Many studies suggest that 50-90% of females experience painful menstrual cramps, and chronic conditions like endometriosis, adenomyosis, and polycystic ovary syndrome are associated with severe pain, heavy bleeding, fatigue, and other symptoms.[5] This policy aims to help women rest properly and seek medical help for menstrual health issues without fear of workplace repercussions.

The policy recognizes the impact of menstrual health on mental health and aims to advance gender equality by enabling women to fully participate in the workforce without sacrificing their health. It also seeks to address gender-specific health requirements, particularly in male-dominated industries, and reduce social and cultural taboos related to menstrual health.[6] As we strive for gender equality, it is important to address the challenges menstruating individuals face in professional environments. A menstrual leave policy can acknowledge and accommodate these challenges, fostering a more inclusive workplace culture. Several countries like Japan, Indonesia, Zambia, Italy, Spain, Ireland and some provinces in China and South Korea have already implemented such policies with positive results.[7]

However, critics may argue that such a policy could lead to discrimination or reinforce stereotypes about female employees. It may unintentionally enforce that women are less capable or less productive. Also, there could be a risk of policy misuse or abuse if proper guidelines and monitoring mechanisms are not in place. I believe it is essential to consider implementing a menstrual leave policy to support and value women in the workforce. This will benefit both the affected individuals and the workforce as a whole.

Thank you for considering this important issue.

Conflicts of interests

The authors have no conflicts of interest associated with the material presented in this paper.

Funding Statement

Nil.