The Global Debate- Paid Menstrual Leave | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

Spain has recently made history by becoming the inaugural European nation to endorse legislation enacting paid menstrual leave, joining the ranks of countries such as Japan, South Korea, Indonesia, Taiwan, and Zambia where similar policies are already in place.

Justification for Mandatory Menstrual Leave

Menstrual leave, offering women the choice of paid or unpaid time off from work during menstruation-related discomfort, stems from a fundamental rights-based argument — workplaces should accommodate the biological diversities among employees.

• This provision affords women the opportunity to rest appropriately during their menstrual cycles.
• Extensive evidence showcases the array of health challenges women encounter during menstruation, including cramps, back and muscle pains, bloating, headaches, and nausea.
• For women with chronic conditions like polycystic ovary syndrome (PCOS) and endometriosis, these symptoms can exacerbate significantly.
• While the menstrual experience varies among women and can differ monthly for the same individual, menstrual leave serves as a mechanism to acknowledge the physical toll of a painful monthly cycle, to be utilized as needed, thereby promoting workplace equity.
• Furthermore, it serves as a catalyst for normalizing conversations surrounding menstruation.

Challenges in Implementing Mandatory Menstrual Leave

• To effectively achieve the intended goals, it's crucial to address the economic aspects of implementing menstrual leave policies. Clear funding sources for such leaves need to be identified.
• Structuring menstrual leave akin to maternity leave could potentially escalate the cost of employing women, posing long-term implications.
• A study by Teamlease Services revealed that the Maternity Benefit (Amendment) Act of 2016, which extended paid maternity leave from three to six months, resulted in the loss of jobs for 1.1-1.8 million women across 10 major sectors in 2018-19.
• Additionally, there are other hidden costs associated with hiring women, contributing to widespread, albeit unspoken, discrimination.
• It's widely acknowledged that many employers in India are reluctant to hire women for roles involving frequent travel due to the need for special safety arrangements, reflecting societal failure to ensure women's safety, which is then internalized by employers as a private cost. Introducing paid period leave could exacerbate this situation further.
• Even if not directly leading to women being excluded from employment, it could foster discriminatory practices in hiring and promotion, erecting barriers for women in advancing their careers.
• This could also provide companies with grounds to offer lower salaries to women under the pretext of equalizing the cost to the company for both genders.
• In 2018-19, approximately 55% of urban working women were engaged in regular salaried employment. Shockingly, 71% of them lacked a written job contract, 51% were ineligible for paid leave, and 53% were ineligible for any social security benefits.
• Moreover, menstrual leave policies may not benefit millions of women working in the informal economy, both in urban and rural areas.
• By increasing the costs associated with hiring women, there's a risk of inadvertently excluding them from the workforce.

Way forward

• A potential solution could involve mandating an equal increase in the number of paid sick leaves for both men and women.
• While this may elevate the overall cost of doing business, it ensures parity between genders.
• Paid sick leave can be viewed as a form of social security, benefiting both male and female employees.
• In sectors where remote work has demonstrated efficacy, employers could be encouraged to implement work-from-home policies, enabling employees to work remotely for a specified number of days each month.
• This flexibility ensures that women have the option to work from home, especially if commuting to the office during menstruation proves inconvenient.
• The enactment of the Menstruation Benefits Bill is crucial for recognizing the importance of gender-sensitive labor policies.
• Policies introducing menstrual leave should be complemented by initiatives aimed at increasing women's workforce participation.
• Efforts to foster inclusive and gender-sensitive workplaces are imperative. Ensuring separate, well-equipped restrooms for men and women, including facilities for sanitary napkin disposal, is essential.