India debates menstrual leave. Where do other countries stand?

Menstruation leave for employees and students has long been a divisive topic.

The topic has become the talk of the town once again after Union Women and Child Development Minister Smriti Irani expressed her opposition to the idea of mandatory  paid menstrual leave for female employees.

Irani responded to a question posed by Rajya Sabha MP Manoj Kumar Jha on Wednesday, saying that menstruation is a natural part of life and shouldn’t be treated as a handicap requiring special leave provisions.

“As a menstruating woman, menstruation and the menstruation cycle is not a handicap, it’s natural part of women’s life journey,” she said, further warning that menstrual leave could lead to discrimination against women in the workforce.

“We should not propose issues where women are denied equal opportunities just because somebody who does not menstruate has a particular viewpoint towards menstruation.”

Her comments have sparked a heated debate, with some criticising her and citing examples of other countries.

Let’s explore the matter in more detail and see where other countries stand on period leave as a workplace policy.

India’s stance on menstrual leave policy

Irani told the Lok Sabha on 8 December that the government is currently not considering a proposal to require paid menstrual leave across all workplaces.

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Previously, the parliamentary committee suggested that the personnel ministry speak with stakeholders and frame a menstrual leave policy that would allow female government employees, who suffer from dysmenorrhea, period pains, or other conditions, to take time out of work.

However, the report that was brought before Parliament on Monday stated that the topic of special menstrual leave is regarded as a health issue and should be examined by the Ministry of Health.

While there isn’t a law in India governing period leave, organisations are free to choose. A few companies, like Swiggy, Byju’s, and Zomato, have policies that permit menstrual leave.

According to India Today, in context of menstrual hygiene, Irani announced the Health and Family Welfare Ministry is forming a draft national policy, which aims to improve awareness and access to proper menstrual hygiene management practices across the country.

Additionally, the Union Minister highlighted the ‘Promotion of Menstrual Hygiene Management (MHM)’ scheme, focused on teenage girls between the ages of 10 and 19. With funding from the National Health Mission, this initiative aims to raise awareness of menstruation hygiene through a variety of education and awareness campaigns.

Also read: Menstrual Hygiene Day 2023: Which countries continue to have a tampon tax? What about India?

Where do other countries stand?

**Spain** became the first nation in Europe to allow women employees to take menstrual leave in March 2021.

According to the law, female employees who are suffering from painful menstruation symptoms may take up to four days of paid leave annually.  In furthering reproductive health, it will also ensure schools and prisons provide free menstrual products, reported Moneycontrol.

According to AFP, Indonesia passed a law in 2003 giving women the right to two days of paid menstrual leave per month, without giving prior notice. But the provision is in practice discretionary.

Many employers allow only one day a month, while others give no menstrual leave at all, either because they are unaware of the law or choose to disregard it.

In Japan, a law dating as far back as 1947 states that companies must agree to give women menstrual leave if they request it, for as long as they need it. It does not, however, require them to pay women during menstrual leave, but around 30 per cent of Japanese companies offer full or partial pay, according to a 2020 labour ministry survey.

Not many women take advantage of the law, however. The survey of around 6,000 companies found that just 0.9 percent of eligible workers had taken menstrual leave.

In South Korea, women are entitled to one day of unpaid menstrual leave per month. Employers who refuse face fines of up to 5 million won ($3,844). A 2018 survey showed greater take-up than in Japan, with a little over 19 percent of women taking time off, the news agency reported.

In Taiwan, the Act of Gender Equality in Employment gives women three days of menstrual leave per year, which are not deducted from the statutory 30 days of regular sick leave. Women can only take one day in any given month. Like sick leave, workers on menstrual leave receive only 50 percent of their salary.

South African country Zambia passed a law in 2015 allowing women to take a day off work during their period, without giving notice or supplying a doctor’s note. While the measure is generally accepted and supported, not all employers willingly comply with the law on what is discreetly referred to as “Mother’s Day”.

According to Moneycontrol, in Vietnam, menstrual leave is available to women for three days every month. Employers must pay them more if they decide not to take the days off.

Some companies and institutions have not waited to be compelled by law to offer women menstrual leave.

They include Australian pension fund Future Super, Indian food delivery startup Zomato, and French furniture firm Louis which give respectively six, 10 and 12 extra days.

On its website, Los Angeles-based astrology company Chani also offers “unlimited menstrual leave for people with uteruses.”

Also read: No Period Talk: Why Florida wants to restrict menstruation discussions at school

Why do women need menstrual leave?

Menstrual leave involves policies that permit workers or students to take time off when they are experiencing pain or discomfort associated with their monthly cycle.

In the context of the workplace, it refers to rules that provide paid or unpaid leave as well as time for rest, as per The Hindu.

Dysmenorrhea, or period pain can be quite uncomfortable for some. According to the report, more than half of women who menstruate endure pain for a few days each month; while for some, it is so severe as to interfere with everyday tasks and productivity.

Period cramps affect 15–25 per cent of women who menstruate, according to The Hindu which cited Siobán Harlow, an epidemiology and global public health professor at the University of Michigan’s School of Public Health. These cramps can range from moderate to severe.

While speaking to The Indian Express, Dr Surbhi Singh, gynaecologist and president of Sacchi Saheli that works to promote menstrual awareness, explained since every woman experiences menstruation differently, with some even experiencing extreme symptoms that sometimes even require hospitalisation, “developing a uniform policy on it may be difficult.”

However, she added, “A woman who needs to take a leave should be able to do so without judgement or pay cut.”

Dr Singh believes workplaces must make reasonable accommodation for women.

“Giving birth is also a natural process but many women die due to post-partum haemorrhage. So the government is now promoting hospital-based delivery. Similarly, an accommodation has to be made for menstruation. And, yes, a few may misuse such leaves but all laws and guidelines in our country are based on the principle that most people benefit from it,” she told the newspaper.