Explained | Menstrual leave and its global standing Premium

The Supreme Court of India recently directed a petitioner to take up the issue of menstrual leave with the Ministry of Women and Child Development. We examine what the policy is and how it has been implemented globally

The story so far: On February 24, the Supreme Court refused to entertain a PIL about menstrual leave for workers and students across the country, calling it a policy matter. It highlighted that there were different “dimensions” to menstrual pain leave, and also that while menstruation was a biological process, such leave may also act as a “disincentive” for employers from engaging female employees.

The court was hearing a petition filed by Shailendra Mani Tripathi, represented by advocate Vishal Tiwari, seeking a direction to States to frame rules for granting menstrual pain leave for students and working women in workplaces. The Bench, comprising Chief Justice of India D.Y. Chandrachud, Justice PS Narasimha and Justice JB Pardiwala, urged the petitioner to approach the Union Ministry of Women and Child Development Ministry to frame a policy.

The concept of menstrual leave for workers and students has swirled around for a couple of centuries, but such policies are uneven and subject to much debate, even among feminist circles. Sources note that menstruating women were given leave from paid labour in Soviet Russia in the 1920s; a historian even claims that a school in Kerala granted period leave as early as 1912.

In light of this, we explore the global framework for menstrual leave and which countries currently have them

Menstrual leave explained

Menstrual leave or period leave refers to all policies that allow employees or students to take time off when they are experiencing menstrual pain or discomfort. In the context of the workplace, it refers to policies that allow for both paid or unpaid leave, or time for rest.

Most women experience a menstrual cycle of 28 days— a normal cycle may vary from 23 to 35 days. For some, period pain, or dysmenorrhea, is an uncomfortable component of it. More than half of those who menstruate experience pain for a couple of days a month; for some it is debilitating enough to hamper daily activities and productivity.