INTRODUCTION
Let’s be real—menstrual cycles are a natural part of life. All girls experience them at some point or another. Most of us suffer through cramping, mood swings, weakness, and other symptoms during what we all call “those days of the month.” And yet, despite all of this, society continues to expect us to come to work and do our job functions as if nothing is happening at all.
It is here that the critical aspect of menstrual leave enters the picture and becomes applicable. Some people are substantial in their view that women should be given leave for a day or two when they are menstruating, without providing any explanation or justification. Some others feel that the practice can result in discrimination among employees or create unnecessary stress in the work environment.
WHAT IS MENSTRUAL LEAVE?
Menstrual leave is a special category of leave, which may be paid or unpaid, reserved for women during their menstruation. The leave is usually given for one or two days per month so that women may have a respite from work or daily activities. The justification for this policy is to enable women to have a break and rest during this period, especially if they have severe symptoms of menstruation, which can impact their health and productivity to a great extent.
Some Typical Period Issues:
Painful cramps (also known as dysmenorrhea)
Headache or migraines
Body weakness and fatigue.
Profuse or excessive bleeding
Feelings of dizziness or nausea
Mood swings or an increased state of irritability
For many women, these symptoms are so bad that they can’t focus at work or in college. So why not give them some rest time?
LEGAL STATUS OF MENSTRUAL LEAVE IN INDIA
That’s the catch—at present, India does not have any overarching national legislation that grants menstrual leave to all Indian women.
- BIHAR GOVERNMENT (FROM 1992)
The state of Bihar has been an outstanding example of progress and foresight, going out of its way to position itself ahead of its counterparts in many aspects. Since 1992, female government employees serving in the state of Bihar have been granted the privilege of taking 2 days of paid special leave each month, which is further reserved particularly for so-called “biological reasons” (which essentially pertains to the menstrual cycle)[1]
There is no need whatsoever for either a medical certificate or for any type of explanation to be submitted. The choice is solely up to the woman.
- MENSTRUAL BENEFIT BILL, 2017
In 2017, a very senior Member of Parliament named Ninong Erring introduced a private member’s bill during a Lok Sabha session. This important legislative bill had the following to say:
2 menstrual days of leave per month are compensated
For female workers within the private sector and the public sector
Even among female students who are placed in schools and colleges
The unfortunate part of this case is that this particular bill was never passed into legislation. As a result, it was never an enforceable law.
- TAKING INITIATIVE BY COMPANIES
Although there is no particular legal regulation of this matter, certain private Indian firms have stepped up and volunteered to introduce their policy of menstrual leave.
For example:
Zomato has made the bold move of implementing a policy in which 10 menstrual leaves a year are given exclusively to female staff.[2]
Swiggy, Byju’s, and some other companies in the same industry follow the same policy that addresses the same principles.[3]
Some higher study colleges, like St. Xavier’s College in Mumbai, permit their female students to avail of casual leave at will when they are on their menstrual cycle.
But the problem is—it’s voluntary, not mandatory. It all hinges on the company.
ARGUMENTS IN FAVOR OF MENSTRUAL LEAVE
Let us pause to consider the reasons people most frequently advance in support of the need for menstrual leave:
- Health and Well-being
Menstruation is not just a nuisance—it is physically uncomfortable for the majority of women. Taking breaks helps women stay healthy and at ease.
- Equality is not sameness
Some individuals believe that it is not equitable to provide women with more leave. Equality is, nonetheless, not doing all the same, but doing it right. Men do not have their periods, and therefore, they should not have this issue. Providing leave simply makes things even.
- Increased productivity
When women find themselves in situations where they are compelled to continue working despite experiencing pain, there is a notable decrease in their overall productivity levels. Taking a day off can prove to be highly beneficial, as it allows them to return to their tasks feeling revitalised and significantly more focused than before.
- Breaking the taboo
Creating a menstrual leave policy can normalise period talks and make the workplace more sensitive and inclusive.
ARGUMENTS ADVANCED AGAINST THE IDEA OF MENSTRUAL LEAVE
However, it should be noted that not everyone is in total agreement with the concept that is being presented. There are some problems with this idea, and they can be outlined as follows:
- Persistent, intense, irrational fear of discrimination
Most of them have concerns and apprehensions about the possible impacts of menstrual leave legislations, specifically that if the legislations are implemented, businesses would be less likely or even refuse to hire females. This is mostly in careers that entail high pressures and stresses, in which the worst fear is that employers would prefer male applicants over them.
- The misuse or improper use of leave.
There are some employers who are apprehensive regarding the risk that some of their staff members would misuse the policy in a negative sense by taking leave even though it is not necessarily their requirement.
- Does it generate inequality?
There are people who are of the view that granting women extra leave produces a difference between the women and men workers in the workplace culture. They claim that the practice is against the core principle of providing equal opportunity for all labourers, irrespective of their biological sex or gender identity.
LEGAL SUGGESTIONS FOR INDIA ON MENSTRUAL LEAVE: A BALANCED, HUMAN-CENTERED APPROACH
- OPTIONAL BUT ENCOURAGED: LET COMPANIES DECIDE, BUT WITH A GENTLE PUSH
Every workplace is different. What works for a tech company in Bengaluru may not work for a garment factory in Ludhiana. That’s why, instead of making menstrual leave mandatory across the board, the government can issue model guidelines. This way, companies have the freedom to adopt the policy if it suits them, but they’re still encouraged to think about it seriously.
A government-backed nudge can go a long way in starting conversations and changing mindsets, especially in sectors where this topic is still taboo.
- FLEXIBLE SICK LEAVE: NO NEED TO JUSTIFY PERIOD PAIN
Many women hesitate to take leave during menstruation—not because they don’t need it, but because they dread having to explain why. What if we just let them use existing sick leave flexibly, without insisting on awkward disclosures?
Pain is real, even if it’s silent. Not every leave needs a medical certificate or explanation.
By allowing sick leave to be used without specifying “period pain,” we preserve privacy and dignity, without burdening HR or coworkers.
- AWARENESS & SENSITIZATION: LAWS DON’T WORK WITHOUT HEARTS
Policies and bills are important, but let’s not forget the human element. If a manager rolls his eyes or makes a joke when someone takes menstrual leave, the law becomes useless.
Workplaces and colleges should invest in basic gender-sensitisation training. Even simple workshops or awareness campaigns can build understanding and support, especially among male staff and decision-makers.[4]
CONCLUSION: A LAW THAT LISTENS, A SOCIETY THAT CARES
In a country as diverse and complex as India, lawmaking is never just about rules; it’s about people. Menstrual leave may seem like a small policy to some, but for countless women, it can mean a day of relief, dignity, and acknowledgement of their lived reality.
We often talk about gender equality, but equality doesn’t always mean sameness. It means recognising differences and responding to them with empathy. Menstruation is not a weakness—it’s a biological reality. And when the law chooses to recognise it, even in a modest way, it affirms that women don’t have to choose between being strong and being honest about their pain.
Legal reforms are most successful when they balance rights with realities. That’s why a middle path—encouraging menstrual leave without forcing it, offering flexibility, promoting sensitivity, and ensuring privacy—might be the most realistic and compassionate step forward.
A progressive society isn’t one where everyone is treated the same, but one where everyone is treated with fairness, respect, and understanding.
Author(s) Name: Akshita Agarwal (IILM University)
References:
[1] Government of Bihar, ‘Special Leave for Women Employees’ (General Administration Department, Bihar, 1992)
[2] Menstrual Benefit Bill 2017, Bill No. 52 of 2017 (India)
[3] Zomato, ‘Zomato Introduces 10 Days of Period Leave for Women and Transgender Employees’ (Zomato Blog, 8 August 2020) https://www.zomato.com/blog/period-leave accessed 3 July 2025
[4] Kalpana Kannabiran, ‘Feminism and the Law: An Overview’ (2010) 45(17) Economic and Political Weekly 87
