Menstruation is a normal biological phenomenon, and also an issue at work for many people who menstruate (menstruators). Some 45-70 per cent of menstruators have severe pain and discomfort, called dysmenorrhea, for at least one day a month.

For some menstruators, gynaecological diseases such as polycystic ovary syndrome and endometriosis make periods even more unbearable. In India, menstrual policies and the underlying question of menstruation rights are largely ignored despite occasional debate.

According to the Chartered Institute of Personnel and Development (CIPD), a professional body for human resource managers, “two-thirds of women experience a negative impact at work due to symptoms of menstruation”. This suggests a significant loss of productivity due to worker distress during periods. This raises an important question for everyone: Do menstruate workers have rights such as menstrual leave (ML) at work?

Smriti Irani’s remarks on menstrual leave policies have brought this discussion back into the spotlight. In response to a question posed by an MP in Parliament, she expressed the opinion that periods are not a handicap and, therefore, do not “warrant a specific policy” for paid leave. This is not the first time that policy related to menstrual leave and menstrual rights has been discussed in India.

Not uncommon

Legislation such as the 2017 Menstrual Benefits Bill by Himachal Pradesh MP Ninong Ering, the 2018 Women’s Sexual, Reproductive and Menstrual Rights Bill, and the recently adopted menstrual hygiene policy of the Central Government have provoked debate. The concept of menstrual leave is not uncommon across the countries. For example, Japan is considered the pioneer of ML policies.

In Spain, the ML law is for people with painful periods. They receive 3-5 days of paid leave after a doctor evaluates them. In Zambia, every woman can get one day off work each month. They do not need to provide a medical explanation to their employer for this. In India, Bihar already has a public sector menstrual leave policy since 1992, and lessons in implementation can be taken from this.

Implementing menstrual leave (ML) policies, which permit women to take breaks during their menstrual cycles, can boost productivity in two significant ways: by lowering stress and enhancing employer-employee relationships. Research shows that stress reduction, achieved when employees are allowed to rest during menstrual discomfort, directly correlates with higher productivity upon their return.

Additionally, ML fosters a supportive work environment, where employees feeling valued by their employers leads to increased job satisfaction and performance. This approach not only promotes productivity but also advances workplace equality by acknowledging and accommodating the specific needs of menstruators.

However, some people who oppose the ML policy say that it is unnecessary because people with periods should be able to manage their discomfort without special provisions like ML and have done so in the past.

Irani’s reasoning for opposing a mandatory menstrual leave policy was based on this argument. This argument is not successful if we agree that equity is what brings equality and does not provide the exact same work conditions to all communities. But there are significant barriers to workers who can reap the benefits of ML in periods.

Employer awareness

How do we turn ML into a normal part of the workplace, not adding to the discrimination faced by workers with periods in terms of being considered ’expensive’ to hire? Change in employer attitudes will do this.

Employer awareness of severe menstruation symptoms should be increased. Persuading them that menstrual leave is deeply related to the productivity and profits of their firms will lead employers to see menstrual leave as an investment that will produce higher productivity of the workforce. When this happens, workers with periods will be able to enjoy the benefits of ML without having to deal with additional discrimination in the labour market.

One of our country’s goals towards gender equality should be to implement ML policies in all workplaces. A practical approach to an ML policy is to start implementation with the formal (public and private) sector. Enacting menstrual leave for workers in the informal sector is very important, especially due to factors such as greater amounts of manual work that may be difficult for menstruators with severe symptoms.

However, this implementation will be a challenge for India and other developing countries due to lack of regulation in the informal sector. A highly publicised Central Government policy would set a precedent and signal, at least to large private companies, the benefits of ML policies.

Gradually, ML policy could lead to broader acceptance and implementation of menstrual leave across other sectors, creating a more inclusive and supportive labour market for menstruators.

Kinjalkini is a second-year student (Economics), and Ravikiran is Assistant Professor (Economics), FLAME University

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