Recently, the conversation on menstrual leave for women has once again resurfaced in the public discourse. However, there are two different strands to it. In Karnataka, a committee constituted by the state government recognized menstrual leave as a right for women. It even recommended that the state government legislate a policy granting menstrual leave to women working in the private sector for one day a month.
On the other hand, the Supreme Court has asked the Centre to consult the state governments and various stakeholders to formulate a model policy for menstrual leave. The Chief Justice even expressed his concern, wondering if such leaves would be detrimental to the participation of women in the workforce.
Making menstrual leave mandatory may cause employers to reject women as potential candidates. According to the World Bank, India's female labour force participation rate was just 28.7% in 2023, whereas the female labor force participation rates in the world's happiest countries, Finland, Denmark and Iceland, were 48.5%, 47.3%, and 45.9%. And when a woman takes menstrual leave, her absence from work will only encourage companies to seek a solution that does not jeopardise business continuity. In other words, they will be more likely to recruit men.
Furthermore, employers will most likely present menstrual leave as a 'benefit' they provide to their female employees, resulting in necessary 'adjustments' to compensation in exchange for the benefit. The World Economic Forum's Global Gender Gap 2024 report shows that India has only closed 39.8% of the gender gap in Economic Participation and Opportunity. In contrast, the figures for Finland, Denmark and Iceland were 79.6%, 74.1%, and 81.5%, respectively.
More specifically, in terms of salary equality between women for similar jobs, India ranks 120th out of 146 nations studied for the report. In comparison, Finland, Denmark and Iceland are ranked 8th, 49th and 5th, respectively. If such is the situation for women employees in the absence of menstrual leave, it is not unrealistic to expect their condition to deteriorate if such leaves are adopted. No wonder the Chief Justice raised concerns about this policy.
Having said that, the proposal to provide just one day of menstrual leave is cosmetic at best. A quick survey will reveal that countries offering menstrual leave to women have little agreement on the appropriate number of days. While Spain offers four days, Taiwan and Vietnam offer three days. Indonesia provides two days of leave, while South Korea and Zamibia offer just a day each. Lastly, Japan leaves it to the discretion of women and their employers.
In summary, the countries are attempting to ‘regulate’ menstrual pain, which is fundamentally a personal experience. In other words, the extent of menstrual pain differs across women. Many could even feel uncomfortable voicing such concerns, which can blur the line between professional and personal in a workplace. Therefore, governments must stay clear of this space.
In any case, providing just one day of menstrual leave, as the Karnataka government proposes to do, puts our women employees on the same pedestal as Zambia. It must not be forgotten that India is ranked 126 in the World Happiness Report, while Zambia is ranked 134. If menstrual leave is for the well-being of the women employees, we must think afresh rather than conforming to a policy of a relatively ‘unhappier’ country.
Instead, we propose that the government devise a clear sick leave policy in consultation with various stakeholders. It can be available to every gender, irrespective of the ailment. In a study by McKinsey in 2022, four in ten employees in India reported a higher degree of burnout, depression, anxiety, and distress. In other words, there are many health concerns which remain invisible. So, a non-discriminatory and enhanced sick leave could help any employee take time off from work for any visible or invisible condition.
(Prof. Saparya Suresh and Prof. Surya Prakash Pati are faculty members at IIM Kozhikode)