Dear Tanuja Kunder,
As of now, there is no legal sanction for this type of leave. However, as a part of the welfare measure, the company can introduce one more type of leave. How many days of leave to be awarded is at the discretion of the company authorities.
There is no need to create a separate policy for this leave. You can amend the existing policy on employee leave by introducing one more paragraph in the section "Types of Leave".
On the sidelines, let me request you to be cautious. Once a welfare measure is introduced, withdrawing it becomes difficult. Secondly, this welfare measure is gender specific. Therefore, you need to ensure that it does not create unrest because of the work imbalance that could arise because of someone's absence.
Lastly, the women who avail of this leave, will they be required to work extra to offset their absence? If yes, will it nullify the benefits of the new type of leave? Please ponder.
Thanks,
Dinesh Divekar
From India, Bangalore
7884As of now, there is no legal sanction for this type of leave. However, as a part of the welfare measure, the company can introduce one more type of leave. How many days of leave to be awarded is at the discretion of the company authorities.
There is no need to create a separate policy for this leave. You can amend the existing policy on employee leave by introducing one more paragraph in the section "Types of Leave".
On the sidelines, let me request you to be cautious. Once a welfare measure is introduced, withdrawing it becomes difficult. Secondly, this welfare measure is gender specific. Therefore, you need to ensure that it does not create unrest because of the work imbalance that could arise because of someone's absence.
Lastly, the women who avail of this leave, will they be required to work extra to offset their absence? If yes, will it nullify the benefits of the new type of leave? Please ponder.
Thanks,
Dinesh Divekar
From India, Bangalore
The Supreme Court of India rejected a PIL (Public Interest Litigation) regarding menstrual leave for workers and students across the country. The court called it a policy matter and pointed out that menstrual pain leave has different dimensions and may also act as a disincentive for employers from engaging female employees.
Parliament has seen attempts to introduce menstrual leave and menstrual health products bills, but they have not been successful so far. Example: The Menstruation Benefits Bill, 2017’ and Women’s Sexual, Reproductive and Menstrual Rights Bill in 2018.
Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022: The proposed Bill provides for three days of paid leave for women and transwomen during the period of menstruation and seeks to extend the benefit for students. The Bill cites research that indicates that approximately 40% of girls miss school during their periods, and nearly 65% said it had an impact on their daily activities at school.
https://www.hindustantimes.com/india-news/sc-refuses-to-entertain-pil-for-menstrual-leave-for-women-in-schools-workplaces-101677220209173.html
BUT, Some companies in India have introduced menstrual leave policies, including Zomato, which announced a 10-day paid period leave per year in 2020. Other companies, such as Swiggy and Byjus, have also followed suit.
Bihar and Kerala are the only Indian states that have introduced menstrual leave policies for women.
Bihar's policy was introduced in 1992, allowing employees two days of paid menstrual leave every month. Kerala recently announced that the state's higher education department will grant menstrual and maternity leaves for students in universities under the department, and a Kerala school has also introduced a similar system.
Parliament has seen attempts to introduce menstrual leave and menstrual health products bills, but they have not been successful so far. Example: The Menstruation Benefits Bill, 2017’ and Women’s Sexual, Reproductive and Menstrual Rights Bill in 2018.
Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022: The proposed Bill provides for three days of paid leave for women and transwomen during the period of menstruation and seeks to extend the benefit for students. The Bill cites research that indicates that approximately 40% of girls miss school during their periods, and nearly 65% said it had an impact on their daily activities at school.
https://www.hindustantimes.com/india-news/sc-refuses-to-entertain-pil-for-menstrual-leave-for-women-in-schools-workplaces-101677220209173.html
BUT, Some companies in India have introduced menstrual leave policies, including Zomato, which announced a 10-day paid period leave per year in 2020. Other companies, such as Swiggy and Byjus, have also followed suit.
Bihar and Kerala are the only Indian states that have introduced menstrual leave policies for women.
Bihar's policy was introduced in 1992, allowing employees two days of paid menstrual leave every month. Kerala recently announced that the state's higher education department will grant menstrual and maternity leaves for students in universities under the department, and a Kerala school has also introduced a similar system.
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