Menstruation is a natural process. It is recognized that this natural process presents a barrier to health and gender equality in low- and middle-income countries. A meta-analysis report from these countries revealed that menstrual disorders contribute to stress and absence from work. (1) To authenticate that, the report from the World Bank stated that the female labor participation rate in India is also persistently decreasing from 32% (2005) to 19% (2021). (2)

Menstrual leave or Period leave is paid or unpaid leave offered to female employees or students despite their sick or other leaves. Historically, the Menstrual leave concept evolved after World War I, as the Russian Soviet introduced it to promote reproductive health and population stability measures. Thereafter, many countries introduced menstrual leave policies.

History of Menstrual leave in India

Kerala government have offered menstrual leave from school for girls above class eighth since 1912. In recent years, the Department of Higher Education, Kerala have reinstated the menstrual leave for all female students 18 years and above for 60 days per year. The attendance percentage requisite for girls have been decreased to 73% from the usual 75%.   

Since 1992, Bihar government was providing menstrual leave as “special causal leave” for two days every month. Under this, women till age of 45 years, can take leave for any two days of month without providing any justification.

Private companies also started providing menstrual leave, for example- Gozoop, Culture Machine (2017) as First day of Period (FOP) leave, Zomoto (2020) ten days paid leave annually for women and transgender employees followed by others like Swiggy, Byju’s, mathrubhumi.

The Menstruation Benefit Bill, 2017

In 2017, the Menstruation Benefit Bill (3) was introduced in Lok Sabha with the below mentioned features, but, is still to be passed. The Bill No. 249 of 2017, was put forward by Shri Ninong Ering, Member of Parliament from the State of Arunachal Pradesh stated the following:

• All Female employees and school girls above Class VIII (in every establishment- public and private sector) should be entitled to paid leave or leave from school may be for four days of their menstruation.

• Overtime allowance shall be paid for employee opts to work on their menstruation.

• 30 minutes break twice a day not more than four days of month shall be provided rest facilities at the workplace.

• Imprisonment of not less than one month up to three months, fine not less than ten thousand which may be extended up to fifty thousand rupees for any person who denies, obstructs or threatens to discontinue employment.

• Every establishment is obliged to give information regarding the availability of menstrual leave to their employees.

• Grievance Redressal Committees and Internal Complaints Committee shall be constituted within the establishment.

The bill at the end gave the statement concluding “This bill seeks to entitle female employees with Paid Menstrual leave for two days and to provide better facilities for rest at workplace during menstruation.

Benefits:-

• As most of the working environment has poor sanitation, Menstrual Hygiene will be improved, therefore the reproductive health.

• Improve the participation and employment of women in the workforce

• Encourage open discussion on menstruation, can reduce stigma.

• Economic sufficiency and gender equality

Concerns:-

• With the persistent taboo on menstruation, special leave might rise discrimination.

• Medicalizing a normal biological process

• Requiring physical examination and medical certificate might arise privacy concerns.

• Perceived financial and productivity cost might lead to reluctance in hiring women (argued on maternity benefit laws also)

References:-

1.     Hennegan J, Shannon AK, Rubli J, Schwab KJ, Melendez-Torres GJ. Women's and girls' experiences of menstruation in low- and middle-income countries: A systematic review and qualitative metasynthesis. PLoS Med. 2019 May 16;16(5):e1002803.

2.     The World Bank. Labour force participation rate- India. Accessed on 20th Feb 2023. Available from: https://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS?locations=IN.

3.     Ering N. The Menstruation Benefit Bill, 2017. Accessed on 21st Feb 2023. Available from: http://164.100.47.4/billstexts/lsbilltexts/asintroduced/2651LS%20As%20In.pdf