top of page

The Growing Demand For Women’s Menstruation Leave: An Indian And International Perspective On Employment Dynamics And Gender Equality




By Rapti Singh, B.A. LL.B (Hons.), S.S. Khanna Girl’s Degree College, Prayagraj, A Constituent College, University of Allahabad


ABSTRACT


The growing demand for menstrual leave reflects important questions about workplace fairness, women's health, and gender equality. This paper examines how different countries handle menstrual leave policies and explores attitudes in India, where painful menstruation affects 20–30% of women. Countries like Japan (1947), Zambia, and Spain (2023) have established national menstrual leave laws, whereas India has only state-level policies in place in Bihar and Kerala. Some Indian companies, such as Zomato and Byju's, have introduced their policies, resulting in 30% better female employee retention rates.


We surveyed 110 people in India about their views on menstrual leave. The results show strong support: 86% want paid menstrual leave (preferably 2–3 days per month), and 85% believe it should be separate from regular sick leave. However, 92% said their current workplace doesn't offer this benefit.


People cited improved health (71%) and productivity as main benefits, but worried about practical challenges like preventing misuse (33%) and potential discrimination against women. International data shows that countries with mandatory menstrual leave sometimes see 5–8% fewer women being hired, suggesting these policies might backfire.


Supporters argue that menstrual leave promotes dignity and inclusion, especially since 81.8% of women in India's informal work sector lack basic menstrual hygiene facilities. Spain's successful model, where the government pays for the leave and 30–50% of eligible women use it, shows that well-designed policies can work.


The research reveals a tension between supporting women's health needs and avoiding policies that might hurt their job prospects. Effective menstrual leave policies need multiple approaches: preventing discrimination, offering flexible work options, and reducing stigma around menstruation.


For India, policies must include informal workers (90% of working women) and connect to broader gender equality goals. The key is balancing women's biological needs with fair employment practices that don't create new barriers to hiring women.


Keywords: menstrual leave, workplace equality, women's health, employment policy, India



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page