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  • Arhita Biswas

Breaking the Stigma: The Case for Menstrual Leave

Recently, the Union Minister of Women and Child Development, Government of India, remarked that menstruation is not a handicap; it is a natural biological process that all “women” go through while discussing period leave policy. She opposed the idea of menstrual leave being included in policies, as it might lead to hindrances to women gaining economic opportunities. The country-wide debate began following such a statement, with some advocating for period leaves and others opposing it.


menstrual leave in india

What is menstrual leave?


Menstruation, though seen as a natural occurrence in menstruating bodies, entails a number of physical and mental challenges. These challenges are vast and of varying degrees, including muscular and pelvic cramps, vomiting, dizziness, nausea, headaches, and exhaustion. These challenges are heightened for individuals suffering from conditions such as pelvic inflammatory disease, endometriosis, and adenomyosis. As the Union Minister pointed out, not everyone suffers from these conditions. However, these challenges pose a hindrance to menstruators’ daily functioning and productivity during their period. 

Menstrual leave, commonly referred to as period leave, is a workplace perk that allows employees to take time off during their menstrual periods. The goal of menstrual leave is to recognise and accommodate the physical and mental issues that certain menstruators may face during menstruation. 


To implement menstrual leaves, the following features are seen as essential:


1. Designated Leave Days: Employees are given a certain number of days off to deal with menstruation concerns. These days might be utilised to manage physical discomfort, exhaustion, or other menstrual symptoms.


2. Flexibility: The rules may allow for some variation in how the leave is used. This might involve taking a full day off or taking shorter, more flexible breaks to manage symptoms.


3. Confidentiality: Many menstrual leave policies emphasise secrecy to ensure that menstruators feel safe asking for and taking period leave without fear of being judged or stigmatised.


4. Education and Awareness: Companies with menstrual leave policies frequently offer education and awareness programmes to all workers to educate them on the difficulties connected with menstruation. This contributes to a more compassionate and understanding working atmosphere.


5. Remote Work choices: Some firms may provide remote work choices during menstruation, enabling workers to work from home when they are having symptoms that make commuting or working in an office setting difficult.


6. Inclusivity: Periodl leave policies are intended to be inclusive, recognising that not all people who may benefit from this form of leave identify as female. When adopting such regulations, inclusivity guarantees that people of various gender identities are taken into account.


period leave

Menstrual Leaves: Boon or Bane


While the purpose of period leave policies is frequently to help menstruators by recognising their specific health issues, there are concerns that such regulations may unwittingly reinforce gender stereotypes and lead to stigma. Menstrual leave guidelines, if not stated effectively, may unintentionally perpetuate the notion that a woman's biology determines her ability to work and that her menstrual cycle has a substantial impact on her ability to work. This might reinforce the assumption that menstruators are more emotionally or physically vulnerable during menstruation. Menstrual leave might contribute to gender stereotypes by stating that menstruators are less capable or resilient than men. This stereotype has the potential to impede measures to attain gender equality by promoting outmoded perceptions about menstruators' competence and aptitude for specific roles. Menstrual leave regulations that are only phrased in terms of women may exclude transgender males and non-binary people who menstruate. This exclusion might perpetuate old gender stereotypes while failing to recognise the workforce's different experiences.

Concerns may emerge that the availability of menstruation leave could alter perceptions of menstruators' dedication to their work, thereby stifling possibilities for progress. This might promote perceptions about menstruators putting family or personal needs ahead of professional duties. Menstrual leave regulations, if not administered carefully, may unwittingly stigmatise menstruators in the workplace by attracting attention to their menstrual cycles. This may lead to a society in which addressing menstruators' health is fraught with discomfort or humiliation. To avoid these challenges, organisations must approach the menstrual leave policy with empathy, inclusion, and a clear communication plan. Awareness about menstruation, challenging gender stereotypes, and ensuring that policies support all persons, regardless of gender identity, are all critical steps towards establishing a more fair and inclusive workplace. 


Period leave recognises and takes into account the physical and mental difficulties that some menstruators experience during menstruation. Allowing time off to deal with symptoms like cramping, exhaustion, and mood swings benefits general health and well-being. Taking the time to address health issues during menstruation can help reduce burnout and improve a person's ability to focus and perform efficiently. Offering menstruation leave as a workplace perk implies that the organisation cares about its employees' well-being. This can lead to increased job satisfaction and a more favourable work atmosphere. It might be an appealing incentive for those looking for work or deciding whether to stay with a certain company. Companies that prioritise their employees' health and well-being are more likely to attract a diverse workforce. Paid time off for menstruation recognises the mental health components of menstruation, including mood swings and emotional issues. Menstrual leave policies that are implemented inclusively promote gender equality by recognising the particular health issues that menstruating persons confront. It also aids in the dismantling of stigmas and creates a more inclusive corporate atmosphere. It's vital to highlight that implementing menstrual leave successfully necessitates clear communication, inclusion, and attentiveness to individual requirements. To realise the potential advantages of menstrual leave in the workplace, it is critical to strike a balance that addresses health concerns while avoiding perpetuating gender stereotypes. 


Countries with period leave policies: Who did it first?


Menstrual leaves are not government-backed in Europe, the United Kingdom, or the United States. In fact, it was in February 2023 that Spain became the first European country to adopt legislation for offering period leaves. On the other hand, period leaves have been included in government policies in South Asia for decades, with Japan being the first country to introduce them in 1947 in order to address labour rights. Indonesia introduced its policy in 1948, which was later restructured in 2003. Other Asian countries, such as South Korea, Taiwan, and Vietnam have also introduced period leaves. No such government-supported menstrual leaves exist in India

Over time, these South Asian countries have seen a reduction in the percentage of menstruating employees taking up such leaves. Although the government has written them down in labour laws, the stigmatisation and discrimination that menstruators face in attaining and holding employment have been the leading causes of this reduced percentage. Companies have to provide these leaves when menstruating employees ask for them, but they are not compelled to pay for the same. Moreover, many employees are unaware of such leaves existing as companies do not advertise them. Gender pay gaps and the stigma surrounding periods prevent menstruators from opting for such leaves. 


Italy was the first country to offer period leave
Japan introducing period leave in 1947

The Indian Case of Period Leaves


period leave policy in india

In India, several companies are offering period leaves to their employees who menstruate. Food delivery services (Swiggy and Zomato), media platforms and startups (Culture Machine, Mathrumbi, Magzter, Gozoop, Horses Stable News, FlyMyBiz), digital marketing company iVIPANAN, market research and strategic consulting start-up IndustryArc, and education app Byju’s offer one to two days paid monthly leaves for employees who menstruate.

 

While such individual initiatives are remarkable, a uniform government policy on menstrual leaves would create a significant step in creating a well-regulated inclusive environment for all employees. Government-backed policies establish a legal framework and standardisation, ensuring that all businesses within a jurisdiction obey the same set of laws. Government policies are often meant to cover all qualified employees within a given jurisdiction, regardless of the company's size or type. This helps to avoid discrepancies and ensures that menstruators have access to menstruation leave across industries and occupations. Government rules offer companies and employees defined norms and expectations. This clarity reduces uncertainty and ensures that menstruators understand their rights and companies understand their obligations when it comes to giving menstruation leave. Governments may promote a fair and equal work environment by establishing legislative norms that guarantee menstruators are neither penalised nor stigmatised for taking menstruation leave.

 

The government's support helps to normalise the discussion regarding menstruators' health and well-being. Public awareness campaigns and educational programmes to educate the public about the importance of menstruation health are frequently included in government-backed projects. Long-term sustainability is increasingly common in government initiatives. Individual organisations may implement policies that are sensitive to changes in leadership or commercial interests, while government-backed rules are formed through legal processes and are less prone to swings. Individual firms may provide menstruation leave without defined norms or regulations in some situations, potentially leading to abuse or misuse. Government-backed policies provide protections and rules to avoid abuse and ensure that leave is used as intended. Period leave supported by the government fosters social fairness by addressing a specific area of menstruators's health. This acknowledgement indicates a commitment to making society more egalitarian and inclusive. 


While government-backed menstrual leave policies provide these benefits, it is critical that the rules be well-designed, inclusive, and evaluated on a regular basis to accommodate any developing issues or changes in cultural norms. Menstrual leave implementation is not without problems and concerns, but it may be a key step towards establishing more inclusive, egalitarian, and supportive workplaces and societies. To realise the potential advantages of menstrual leave in the workplace, it is critical to strike a balance that addresses health concerns while avoiding reinforcing gender stereotypes. Collaboration among government agencies, employers, and advocacy organisations can help to ensure the effective execution and enhancement of such policies. 


Reference:

  1. France-Presse, A. (2023, February 16). NDTV. NDTV. https://www.ndtv.com/world-news/the-global-push-for-paid-menstrual-leave-as-spain-brings-in-law-3789125

  2. Hollingsworth, J. (2020, November 21). Should women be entitled to period leave? These countries think so. CNN. https://edition.cnn.com/2020/11/20/business/period-leave-asia-intl-hnk-dst/index.html

  3. Singh, B. (2021, October 24). 12 companies in India that offer period leave to their female employees. India Times. https://www.indiatimes.com/trending/social-relevance/indian-companies-that-offer-period-leave-to-female-employees-552433.html

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