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On February 24, the Supreme Court of India refused to entertain a Public Interest Litigation (PIL) calling for the introduction of paid menstrual pain leave in the country and made an observation that such a policy could disincentivise employers from hiring women. The Apex court’s stand invited polarising viewpoints on the topic, with some people believing that the policy will lead to more inclusive workspaces that recognise the physiology of women’s bodies and help them deal with crippling pain, while others are of the viewpoint that it will lead to discriminatory practices and hamper a woman’s career growth.
In a similar vein, journalist Barkha Dutt, in an opinion piece for The Washington Post in 2017, had argued against paid menstrual leave. “First-day period leave may be dressed up as progressive, but it actually trivialises the feminist agenda for equal opportunity, especially in male-dominated professions. Worse, it reaffirms that there is a biological determinism to the lives of women, a construct that women of my generation have spent years challenging,” she had written.
But, there are many women who complain of experiencing debilitating pain during periods and believe it is high time paid period leave becomes a reality. One among them is Pooja Pandita, a 25-year-old freelance journalist, who experiences painful periods and working on those days worsens her symptoms. “Menstrual leave is important for me as personally, periods have always been painful. The first two days were and still are the worst. Today when my job gets demanding, I push myself to go to work. But inside me, it’s always painful. Things get worse when I have to travel on bumpy roads, and spending 10 hours at work, sitting at a desk, makes everything too hard. Like with constant body aches, there is some sense of brain fog too. This all leads to poor performance. And I don’t believe one can count periods in sick leaves as it’s not a replacement for sickness. It’s our body naturally calling us for some rest in some way”.
In a study published in the British Medical Journal titled Productivity loss due to menstruation-related symptoms, the productivity loss of 32,748 Dutch women between the ages of 15 and 45 were evaluated due to menstrual symptoms including pain, heavy bleeding, and low mood. It reported that while just under 14% of respondents said they had taken time off from work or school during their periods, more than 80% said they had continued to work or study while feeling unwell, and were less productive as a result.
While it is not important that every woman experiences excruciating pain when she gets her period, Dr M. Rajini, Consultant – Obstetrics and Gynaecology, CARE Hospitals, Banjara Hills, Hyderabad said, “Menstrual cramps, also known as dysmenorrhea, are a common symptom caused by the contraction of the uterus, which can lead to pain in the lower abdomen or back. The severity of menstrual cramps can vary from woman to woman and can even vary from one menstrual cycle to another”.
Taking a rest during this time can be helpful. “Additionally, getting enough sleep and staying hydrated can also help manage menstrual symptoms,” she told indianexpress.com.
The demand for paid period leave, however, is not a new one. Many organisations across countries already have them in place. Recently, Spain became the first European country to grant paid menstrual leaves to its female population. In Japan, women are allowed to take one to three days off each month for menstrual pain. South Korea allows one day off a month for menstrual pain, and Taiwan gives three days off per year and Indonesia two days off a month. In India, Bihar, under the statesmanship of Lalu Prasad Yadav, started giving paid menstrual leave to all female government employees way back in 1992.
Similarly, many companies, out of their own volition, have introduced paid menstrual leaves. Some of them are Swiggy, Zomato, Byjus, etc.
Talking about their paid menstrual leave policy, a Swiggy spokesperson said, “The response to our period time off policy has been overwhelmingly positive among our female delivery executives and the wider industry. At Swiggy, we have been working hard to make our delivery fleet more inclusive and diverse, and this policy is one of the steps we have taken in that direction. We have already implemented other measures such as providing safe and hygienic restrooms and ensuring the safety of our female delivery executives through policies like Sexual Harassment Redressal and other safety measures. As more women join us as delivery executives, we conduct regular checks and receive feedback on the policy”.
Another company, Gozoop, offers a work from home (WFH) option for women experiencing period pain. “Every woman experiences pain in different ways; and yes, not every woman avails the menstrual leave policy. So far it has never hampered productivity or timely deliverables of work in any way,” said Bianca Dsouza, the company’s happiness officer.
UAE-based PR firm TishTash Communications also has a paid menstrual leave and WFH option for its female employees. “The assumption that by offering these additional leave days, employees will ‘abuse’ them, take them all/not work effectively, is very very sad, and goes to show how important it is that we ignite conversations around this and are able to debunk the myth! It’s important to note too that in the majority of cases when our team have taken menstruation leave, they have on the whole worked as normal, but comfortably so at home, appreciating the culture and understanding we have and wanting our company to succeed,” shares Founder and CEO Natasha Hatherall.
According to senior advocate and activist Indira Jaising, “women love to work” and the fear that they will abuse paid menstrual leave is baseless. “We need to trust women employees to take leave when they need it. It has worked well in my office. A woman’s word has been enough for me. Work has never suffered. After the pandemic, we have also learnt to accept work from home when necessary,” she told this outlet.
“Women love to work so why worry about misuse or employer backlash? Obviously, it makes working spaces more comfortable for women. It’s also about shedding stigma. In the Supreme Court some years ago, we installed vending machines for sanitary pads. This made life easy for women lawyers so it’s not only about leaves, it’s about accepting women the way they are,” she continued.
Adding, Dr Sudha Shashwati, Assistant Professor at Jindal Institute of Behavioural Sciences, an expert on gender behaviour at workplaces, said that paid menstrual leaves are a recognition of the biological reality a large number of women (and transgender and gender diverse employees) live with, which is experiencing pain and acute discomfort during menstruation.
Explaining that such policies can, in fact, lead to better workplace performance, Dr Shashwati added, “An employee who feels valued, who perceives that their organisation recognises their needs and takes care of them, may very well compensate for the leaves they take when they come back. There’s a lot of research done in organisational psychology on job satisfaction, employee engagement etc. and their relationship with productivity. Workplaces that treat their employees, all employees, with dignity and make them feel like they belong, are likely to be more productive in the long run, even if that means giving a few extra leaves every year to a group of employees”.
Sharing her views on whether paid menstrual leaves negatively impact women’s career growth, she said, “The androcentrism of our workplaces is the source of the worry that a policy like paid menstrual leave may hamper women’s careers, that it may be associated with victimisation i.e. organisations becoming less willing to employ women. But we have to begin somewhere, no matter the backlash, and this is not just a ‘women’s issue’ in any case. It is an issue of wellness and inclusion, and that impacts all of us. More inclusive workplaces that are committed to being gender responsive and work towards gender equality, and that look after employee wellbeing will have better outcomes in the long run”.
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