Sansad TV: Paid Menstrual Leave | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

Spain has passed a law allowing paid menstrual leave, making it the first European country to do so. Other countries with similar policies include Japan, South Korea, Indonesia, Taiwan, and Zambia.

Reasons for mandatory menstrual leave

• Menstrual leave is a type of leave where women can take time off work if they are unable to work due to menstruation. The argument for period leave is based on the right of women to have workplaces that accommodate biological differences.
• Period leave allows women to rest during their menstrual cycle, which is important given the range of health complications they experience such as cramps, muscle and back pain, bloating, headaches, nausea, etc. Women with chronic conditions like polycystic ovary syndrome (PCOS) and endometriosis may experience greater severity of symptoms.
• Period leave is a way to legitimize the physical toll of menstruation and create equity in the workplace. It is also a way to normalize conversations around menstruation.

Challenges in granting the mandatory menstrual leaves

• In order to achieve the objectives of menstrual leave, it is important to consider the economic implications. The funding for this leave needs to be clearly defined to avoid increasing the cost of hiring women, as was seen with the Maternity Benefit (Amendment) Act 2016, which resulted in 1.1-1.8 million women losing their jobs in 2018-19 across 10 major sectors.
• Discrimination against women in hiring and promotion is also a major issue, and adding paid period leave could exacerbate this situation. This could result in lower in-hand salaries for women and raise barriers for them to enter and climb the corporate ladder. 
• Additionally, about 55% of urban working women in India are in regular, salaried employment, but the majority of them have no written job contract, are not eligible for paid leave or social security benefits, and therefore will not benefit from menstrual leave. The cost of hiring women may increase, leading to a risk of keeping them out of the workforce.

Way forward

• One potential solution could be to mandate an equal number of paid sick leaves for both men and women, increasing the overall cost of doing business but treating both genders equally.
• Paid sick leave can also be viewed as a form of social security. In industries where remote work has been successful, employers could be encouraged to implement work-from-home policies for a set number of days per month to provide flexibility for women who may find it uncomfortable to travel or work during their period.
• The Menstruation Benefits Bill is necessary to create a gender-sensitive labour policy. It is important to introduce menstrual leave policies along with efforts to increase women's workforce participation and make workplaces more inclusive and gender-sensitive, including separate toilets for men and women with facilities for disposing of sanitary products.