Menstrual Leave: Odisha Embraces It, But Know What Rest Of India Did

Bhubaneswar/New Delhi: On the 78^th Independence Day, women in Odisha were gifted a one-of-its-kind freedom. The state’s Deputy Chief Minister Pravati Parida on Thursday announced one-day paid menstrual leave for state government and private sector employees.

Recently, the Supreme Court had also asked the Centre to frame a model policy on menstrual leave for female employees. But, what is the state of menstrual leave pan India? Is there any other state which offers period leaves to the female workers? Here’s what you should know:

Lahu’s Bihar initiated it in 1992

Bihar was perhaps the first Indian state to have introduced menstrual leave policies for women. In 1992, Bihar had introduced the policy to allow women employees two days of paid menstrual leave each month. It was then headed by the Lalu Prasad Yadav government. A section of people had criticized the policy that it reinforced gender stereotypes and could be used as an excuse for discrimination against female staffers.

Kerala followed

In 2023, Kerala allowed menstrual leave to female students of all universities and institutions. It also allowed up to 60 days maternity leave to female students above the age of 18.

Sikkim High Court has such a provision

In 2024, the Sikkim High Court had introduced a menstrual leave policy for its women employees in the registry. On May 27, the Sikkim High Court registry notified that women employees may avail “2-3 days of menstrual leave” in a month.

Proposed amendment in Maharashtra

On August 3, 2023, the state government of Maharashtra issued a notification introducing the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) (Amendment) Bill 2023. According to the proposed amendment to the bill, female employees working in shops and establishments in Maharashtra would be eligible for paid menstrual leave.

The Maharashtra National Law University, Mumbai approved and implemented ‘Menstrual Leave Policy for Students’. Students undergoing menstruation shall be eligible to take one day leave per month in which classes are conducted on self-certification basis, according to the policy. There shall also be a cap of 5 Menstrual Leave Day (MLD) per semester. MNLU Nagpur and Aurangabad have also introduced similar policies.

Steps taken in Karnataka

A Committee set up to study and recommend the feasibility of implementing menstrual leave in the private sector in Karnataka has recommended one-day menstrual leave per month. It has also recommended a legislation — The Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill — to be passed by the State Legislature to strengthen the policy.

What’s the status of Central legislation?

In 2017, a private member’s bill, the Menstruation Benefits Bill, 2017, was presented in the Parliament by MP Ninong Ering from Arunachal Pradesh.  Thereafter, Women’s Sexual, Reproductive and Menstrual Rights Bill in 2018 was presented by MP Shashi Tharoor from Kerala. Both bills aimed to ensure women’s access to menstrual health products and entitlement to menstrual leave. But, these were not passed.  Another proposed bill the “Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022,” that proposed three days of paid leave for women and transwomen during their periods and also extending the benefit to students was introduced. But, it also was not passed. Thus, there is no law governing menstrual leave in India.

What about the private sector in India?

Companies like Culture Machine, Gozoop, and Zomato were pioneers in implementing menstrual leave policies for their female employees in 2017 and 2020. Later companies like Gencosys and Khaitan & Co embraced this practice.

Which are the countries that have implemented the leaves?

Spain, Japan, Indonesia, Philippines, Taiwan, South Korea, Zambia and Vietnam have already implemented maternity leaves. Spain is the first European country to grant paid menstrual leave to the female workers. Women in Spain get three days of menstrual leave per month, which can be expanded to 5 days.