Last week, the Supreme Court dismissed a petition to make menstrual leave mandatory at the workplace stating that “mandating such leave will lead to women being shunned from the workforce”. The Court’s statement follows comments by several politicians over the last year. The former Union Women and Child Minister, for instance, took a stand against menstrual leave in Parliament saying it would be used to discriminate against women and asked the house, “Why should a woman’s menstrual cycle be known to her employer?” In other words, that it is a private matter and should remain so, not spilling into public life or the workplace.
These quick dismissals of menstrual leave don’t give us time to really engage with the proposal and think it through, because it is a tricky proposal that even women’s rights activists have been unsure of, although for different reasons. Their concern is that it will lead to a return to women being determined by their biology after struggling to be seen as humans beyond their reproductive organs. That it may reinforce stereotypes of women as being weaker or needing special treatment, everything women’s liberation movements have fought against.
At the same time, there is a freshness and boldness to acknowledging the challenges of working when in pain and discomfort, something women have gritted their teeth and done for generations. There is a radical appeal to the idea that menstruation is not sickness (and so should not be tethered to the misnomer of “sick leave”) and to name it is to normalise it.
The Court’s suggestion that the government undertake consultations to formulate a model menstrual leave policy is an opportunity to understand what it might really mean in practice.
Menstrual leave policies translate to a day of paid leave that women can take at their discretion without advance notice or the need to submit a certificate, or other provisions that aim to make working a more comfortable experience for women. Several countries in South-East Asia have legislation with varying designs — from an optional day of menstrual leave every month, to three days off a year, flexible arrangements such as remote work, a more comfortable space to work in for women on their period, or longer breaks in the workday a few days a month.
Do women actually use the provisions? The little research that exists seems to suggest that it depends on cultural norms, and that this is the actual problem at hand – that women do not use it because of the shame associated with menstruation. Japan has had a menstrual leave provision in their labour law since 1947, but women rarely avail of it because of said cultural taboos. Spain, and more recently Ireland, passed legislation on menstrual leave after a successful trial period. Bihar has had a menstrual leave provision for government employees since 1992, and Kerala introduced policies in 2023. In no instance has it been reported that a menstrual leave policy prevents employers from hiring women.
So, is the concern really that menstrual leave may fuel discrimination against women? Or is it that this is going to be seen by the male workforce as being discriminatory towards men? Laws and policies that aim to account for disadvantages (affirmative actions, compensations, special needs) are often seen as discriminatory rather than humane and socially responsible. Compared to inherent advantages men have because they are male (gender pay gap, boys’ clubs, the lack of slut-shaming, sexual harassment and a glass ceiling, to name a few) the advantage here is perhaps negligible.
It is hard to describe what a painful period experience is like for many women, and how much it can derail everyday life for all women. Regardless of this, it should not be too difficult to trust that a colleague is not able to function as productively for a day or two, and it’s not an excuse for shucking work.
Instead, menstrual leave should be placed alongside broader conversations on self-care and the workplace. We live in a work environment where taking leave is guilt-ridden and seen to be reflective of bad work ethics. It is not unusual for people to brag about the number of sick leaves or vacations they did not take, as if it is a badge of being a good worker. Policies that try to make it more manageable for women are one of several measures employers could take to encourage employees to take leaves for self-care, whether for period pain or otherwise.
A regular biological fact like menstruation should not be shameful. It’s alright to not have to act as per normal if you are in pain or discomfort. This is a chance to stop the charade. If women are in discomfort, they should be able to take the day off – and not pay a penalty for it.
In 1978, American journalist and feminist Gloria Steinem wrote a piece called “If Men Could Menstruate” in which she imagines a world of menstruating men. Where “men would brag about how long and how much” and the world would celebrate menstruation without a trace of taboo.
In this world, surely a little menstrual leave would have been a reality already.
The writer is a sociologist and author of Intimate City
