Chief Justice Surya Kant on Friday observed that making menstrual leave mandatory could potentially adversely affect women’s employment prospects.
The remarks were made during a hearing in the Supreme Court of India on a petition seeking directions to states to frame rules for paid menstrual leave for women employees.
According to the Chief Justice, if such a mandate becomes law, some employers might hesitate to hire women. “They will not hire women if we make such a law,” he said while highlighting potential unintended consequences in the current job market.
Petition Seeks Rules For Paid Menstrual Leave
The court was hearing a petition filed by lawyer Shailendra Mani Tripathi, who has sought directions for states to introduce policies ensuring paid menstrual leave for working women.
During the hearing, the Chief Justice emphasised the importance of sensitisation around menstruation, but cautioned that compulsory leave provisions could create a “psychological fear or impression” among women that they might be perceived as less capable than men in professional environments.
He also noted that policymakers must consider practical workplace realities and employer mindsets while drafting such laws.
Countries That Already Provide Menstrual Leave
While the debate continues in India, several countries around the world have already introduced policies granting menstrual leave to women.
Japan (1947)
Japan was one of the first countries to recognise menstrual leave through a policy known as “Seiri Kyuka.”
Women have the legal right to take leave during their menstrual cycle, although individual companies decide whether the leave is paid or unpaid.
Indonesia (1948)
Indonesia allows two days of paid menstrual leave per month for female employees under its labour laws.
South Korea (2001)
In South Korea, women are entitled to one day of menstrual leave per month.
Interestingly, if an employee chooses not to take the leave, companies provide additional compensation instead.
Zambia (2015)
Zambia introduced a policy informally known as “Mother’s Day.”
Women are allowed to take one day off every month without prior notice when experiencing menstrual discomfort.
Taiwan
Under Taiwan’s Gender Equality in Employment Act, women can take three days of menstrual leave per year, typically at half-pay.
Vietnam
Vietnam offers working women the option of either a 30-minute break each day during their menstrual cycle or a three-day leave.
Spain (2023)
Spain became the first European country to introduce a national menstrual leave law.
Women suffering from severe menstrual pain can take three to five days of leave, with the government covering the cost to prevent hiring bias against women.
Debate Around Menstrual Leave Continues
The issue of menstrual leave has sparked ongoing discussions worldwide, with supporters arguing it promotes health, dignity and workplace equality, while critics caution about potential unintended impacts on hiring practices.
The matter remains under consideration as the court continues to examine the petition and broader policy implications.