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Will Giving Menstrual Leave Reduce Employment Opportunities For Womxn?

“It’s a technique and a privilege that they’ll now use to get a benefit and we will suffer,” says a man when period leave is ever discussed for.

Recently, you might have heard the term ‘period leave’ so today, let us discuss that topic because whenever the topic of period leave is brought up, it is the men and also some women who are against it. Why so? Let’s see.

Menstrual leave is a type of leave where a woman may have the option to take paid or unpaid leave from her employment if she is menstruating and is unable to go to work because of this. The concept of menstrual leave recognises the fact that menstrual pain causes a lot of uneasiness and disrupts the daily functioning of menstruators. From headaches, abdominal cramps, sluggishness, anxiety, loss of energy, nausea, periods can be no less than a nightmare for many women.

Period pain may not be equally bad for every woman on the planet, but the policy of period leaves is definitely a good idea. Recently, Zomato came to the limelight when it introduced the concept of period leaves for its employees, giving them 10 day period leaves in a year.

Indian labour laws are one of the complex legislation and we find no specific laws regarding period leaves. There is no even leave policy in any of the statutes that govern the complex web of labour laws across the country. Thus, on that ground, it becomes even more important to have period leaves incorporated.

Representational image.

Also, there is a fear when women themselves are against employers giving period leaves. The fear behind it is that if such leaves are given, they would be subject to even more workplace discrimination. Also, fear creeps in that if the right to menstrual leave is granted, it may negatively affect women’s employment opportunities where the scenario isn’t good even now (only 23% of the workforce in India is women). But, this fear doesn’t seem to be practically applicable in countries such as Japan and South Korea, which have a menstrual leave policy but have nearly half of their workforce as women. But still, a concern remains that even if women are given period leaves, they’d hesitate to ask for it.

 The debate on the Menstruation Benefits Bill, 2017, tabled by Lok Sabha MP Ninong Ering, representing Arunachal Pradesh, triggered a widespread discussion in 2018 when he addressed the need to have a menstrual leave policy for working women every month.

We need to have a sensitised political consensus to grant the right to menstrual leave so that women can bleed with dignity and that no woman has to be ashamed of being a menstruator. What period leaves would do is promote equality at the workplace and lessen discriminatory practices in the workplace culture. Women would also get to have their own perception of their body with no on telling the women how experiences of women should/would/could be. This will help in developing a community that is open around conversations on any issue.

Arguments in favour of period leaves can be traced to laws. Article 15 gives the Right to Equality says that no one should be discriminated against on the basis of sex. Also, the Right to Health has been recognised as a fundamental right under the Right to Life and Personal Liberty. So it is advocated that the Right to Health would also, by default, include the right to menstrual health. At present, Bohar hah such provision for menstrual leave for two days but again, women employees are hesitant to ask for it. Also, the Constitution provides for safe and humane working conditions. So in all, all these provisions are sufficient to have in place a right to menstrual leave. 

We need to understand that no two individuals are the same. Everyone has different experiences and some corporates are trying to lessen the gap amongst genders. So, when a positive change seems to be on its way, we must trust the women employees and not ruin all the efforts being made. Period leave may not be a foolproof plan but it is definitely a step towards lessening the gap. 

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