Menstrual Leave Policy: What is the Global Situation on Paid Menstrual Leave?

In a very recent hearing on mandating Menstrual Leave (on June 8, 2024), the Supreme Court of India refused to consider the appeal asking for female employees to have menstruation leave. However, in order to create a model policy on this issue, the court has ordered the federal government to hold talks with all pertinent parties and states.

Judge D Y Chandrachud led this bench that stated that although the policy would push women to participate more in the workforce, there is a chance that it would discourage companies from hiring women.

Why in News?

During a hearing on a Public Interest Litigation (PIL) about creating menstrual leave policies, Chief Justice of India DY Chandrachud shared his worries. He said, "Mandating such leaves might result in women being excluded from the workforce. We don't want our efforts to protect women to end up hurting them."

This isn't the first time the Supreme Court has taken this position. In February, the court also refused to consider a PIL that aimed to force all states to create rules for giving menstrual pain leave to female students and workers. The court noted that this issue is a matter for the government to decide.

What is the Global Situation?

Even though in a country like India, where women are still fighting for the right to leave during menstrual days, some countries have already adopted the policy of menstrual leave in their work culture. 

Indonesia: Two Days Per Cycle

In 2003, Indonesia passed a law allowing women two days of paid menstrual leave each month without prior notice. However, this provision is often discretionary. Many employers only allow one day, and some provide no leave at all, either due to lack of awareness or choice.

Also Read: How Owning Multiple SIMs Can Land You in Jail? Know How to Check Number of SIMs Registered Under Your Name

Japan: Legal Since 1947 

Japan has had a menstrual leave law since 1947, requiring companies to grant leave to a woman if requested. The law does not mandate paid leave. According to a 2020 labor ministry survey about 30 percent of companies offer full or partial pay. 

Despite this, a 2020 survey of around 6,000 companies revealed that only 0.9 percent of women took menstrual leave.

South Korea: One Day a Month 

Every month, women in South Korea are entitled to one day of unpaid leave for menstruation. Employers who refuse to comply can face fines of up to 5 million won ($3,844). A 2018 survey showed that a little over 19 percent of women took this leave.

Taiwan: Three Days Per Year 

Taiwan's Act of Gender Equality in Employment allows women three days of menstrual leave per year. These leaves are not a part of the statutory 30 days of regular sick leave. Women can only take one day per month and receive 50 percent of their salary during menstrual leave.

Zambia: 'Mother's Day' 

Since 2015, Zambian women can take a day off during their period without notice or a doctor's note. While generally accepted and supported, some employers do not comply with the law, discreetly referred to as "Mother's Day". However, the scenario is changing, encouraged by trade unions, more women are beginning to exercise this right.

Spain: First in Europe 

Spain's left-wing government drafted a bill granting paid leave for period pain with a doctor's note, without specifying a timeframe. Equality Minister Irene Montero emphasized the importance of not hiding period pain at work. However, Spanish unions have criticized the bill, fearing it might lead employers to prefer hiring men.

Also Read: Why is RBI Cancelling Co-Operative Bank Licences? Check How it Impacts Its Investors

Also Read: UK Election Results 2024: List of India-origin Politicians who will Sit in House of Commons