MENSTRUAL LEAVE AT WORKPLACE:

EMPLOYEES’ POINT OF VIEW

Adrija Bhattacharya
Scholar, School of Law,
Kalinga Institute of Industrial Technology Bhubaneswar
adrijabhattacharya98@gmail.com

Stotram Kumar
Scholar, School of Law,
Kalinga Institute of Industrial Technology Bhubaneswar
1784018@kls.ac.in

Amarendra Pattnaik
Assistant Professor-II (Management), School of Law
Kalinga Institute of Industrial Technology
apattnaik@kls.ac.in

DoI: 10.23862/kiit-parikalpana/2021/v17/i1/209016

ABSTRACT

Women are biologically different from men. They face unique bodily
challenges. One of them is their hormonal cycle, commonly known as
menstruation. They bear both physical and mental stress during that
period. Coping with such stress is more difficult for working women. One
the one hand, workplaces are becoming progressively inclusive. More
women are joining the workforce and are contributing to the growth of the
economy. On the other hand, organizations have not been very sensitive to
this unique need of women. During menstruation period, more than work,
what women need is rest. But there are no policy initiatives to take care of
such a need. This subject has been debated in the parliament, but no law
has yet been passed. A law mandating Menstrual Leave or Period Leave
in every organization can be a step in the right direction. In this research
paper, the authors have tried to find out the opinion of employees about
such a leave. This empirical study has been done by selecting samples
from Agartala, Bhubaneswar and Raiganj.

Key Words: Period Leave, Menstrual Leave, Leave Policy , Inclusive

Workplace , Gender Equality.

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1. Introduction a disparity between the working

conditions of men and women and
Economic progress of a nation is
the scenario was almost the same till
dependent on optimum utilization of
the 20th century. But with the advent
the productive human resources. With
of the 21st century, we witnessed
changing gender roles , women are no
various women-centric policies in the
more limited to household work and
workplace . Such a shift in outlook
are increasingly joining the workforce
first started in Europe with adoption
and are engaged in various forms
of various women-centric policies .
of economic activities. Women are
From there it spread to all over all the
excelling in many fields and are now
world. Even in countries like India,
trading into vocations traditionally
which have been historically male-
earmarked for men. Such influx of
dominated society, the Government
women has happened in both the
introduced many policies particularly
unorganized and the organized sector.
for women so that they get benefited
In the unorganized sector , they are
and enjoy an equal status as that of
either the primary income earner or
their male counterparts. However,
are supplementing efforts of their
one of the major areas which has
men counterpart. Most of the time
been continuously neglected by the
such contributions from her side is not
successive governments in India for
remunerated but the fact that she is part
the benefit and relief to women has
of the economic activity is a step in the
been the policy of period leave for
right direction. In the formal sector ,
working women.
participation of women in the service
sector has been significant. In the
manufacturing sector also companies Menstrual leave or Period leave is
are recognizing their capability and a kind of leave where the working
have been working towards higher women have the option to avail
gender ratio . In spite of all theses either paid or unpaid leave from the
positive actions , India’s female institution of her employment during
Labour Force Participation Rate her period of menstruation as such a
(LFPR)—the share of working- condition adversely affects her ability
age women who report either being to to work .
employed, or being available for
work—has fallen to a historic low of In this study we investigate whether
23.3% in 2017-18, meaning that over there is a need for a policy regarding
three out of four women over the age period leave for women and if needed,
of 15 in India are neither working nor whether such a policy should be made
seeking work. by the legislature or be institution
specific. Through this research paper,
From time immemorial, men and
we aim to find out the need for a period
women both have been engaged
leave policy for the working women
in employment in various sectors.
which will either be formulated by
However, there always remained
the legislature or by the institution in

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which the women are be employed idea about the debates and identifying
because it will lead to better working the problems underlying the topic of
conditions, promote healthy mental period leave so far.
and physical environment and further
uphold the right to a dignified life to According to an estimate by the IMF,
the women. equal participation of women in the
workforce will increase India’s GDP
This research is intended to tackle by 27% and will add a whopping USD
a problem which is faced by the $700 billion to its GDP by 2025.Thus
working women everywhere, still no as observed in this report , economic
policy has been made or has been growth and gender equality go hand
tried to be promulgated either by the in hand . This warrants women to
legislature or the institutions, barring be provided with better working
an exceptional few. Also, the research conditions and conducive terms of
into this topic has remained limited employment.
because of social taboo and lack of
quantifiable data on the subject. Millions of girls and women face
By the outcome of this research we discrimination and health challenges
intend to fill the gaps in various other in India because of their lack of
studies relating to women which awareness regarding menstruation.
would benefit them or are meant for According to a study by the UNICEF,
their further social, economic as well in India 71 percent of young women,
as physical well being and progress. until their first menstrual cycle, remain
The data collected for this research unaware of it.
can be used as a guiding factor to
formulate such a period leave policy The New York Times1 in one of its
or any other related policy either articles has discussed the factors that
by the legislature or the respective has led to the introduction of period
institutions. The various limitations leave in USA. One of the prominent
which have been highlighted in points it discussed is the taboos related
this research can be taken up by the to menstruation which goes beyond
appropriate authorities to tackle them any geographical territories and the
for smooth implementation of such a demeaning ways of life it thrushes
policy. upon women.

2. Literature Review Live wire2 formulated a commentary

The researchers delved into the which primarily discussed a very
existing resources on the topic to get important concept of gender equality
a clear understanding of the existing
1 Geneva Abdul, Company’s Paid Leave for Periods
state of affairs and then tried to Takes On a Workplace Taboo, N.Y. TIMES, Aug. 11,
identify the gap which needs to be 2020
bridged. The following articles have 2 Sanjukta Bose, A Quick Note on Gender Equality
been instrumental in giving a brief For Critics of Zomato’s New Period Leave Policy,
L.W., August 14, 2020

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and how affirmative action is not the at length the Menstruation Benefits
same as discrimination. This article Bill of 2017, a private member’s
directly attacks the belief system Bill and an analysis of the sections
which speaks against period leave contained in it. It also supported the
because , when women assert to be schemes of period leave which are
treated equally, it means women wants adopted by some of the countries
to be treated as men, which is not the around the globe. It further discussed
case at all. This article also discusses the biological approach for the policy
in brief the biases the women face in relating to menstruation and menstrual
various nations. leaves. The most important aspects
which have been dealt by this article
A news article published in Aljazeera3 are the constitutional aspects of such
discussed the various reactions even policy, the area of privacy for women,
among the women of India towards and the first and foremost point being
the introduction of the “period leave” properly upholding the dignity of
by Zomato. It particularly focused women through such menstrual leaves.
on the contrasting views even among
the sections of women towards such a 2.1 Legal Prospective
women-centric policy, while some in
Lets dive into the Constitutionality of
favour of it while others against it.
the Menstrual leave before proceeding
The Hindu4 once highlighted how
into finding the opinion of the
the State of Bihar has proactively
employees and employers.
adopted such a policy of providing
two days of leave every month to
Article 14 of the Indian Constitution
the women employees since 1992.
reads as-
This is highlighted because this
“14. Equality before law- The State
State is considered a laggard in the
shall not deny to any person equality
aspect of gender equality and women
before the law or the equal protection
empowerment. Also, this article
of the laws within the territory of
highlights the pain which women
India Prohibition of discrimination on
employees have to undergo every
grounds of religion, race, caste, sex or
month due to menstruation.
place of birth.”
In Manupatra5 the article presented
This Article has been brilliantly drafted
an all-round approach to the whole
by the wise framers of our Constitution
conception of period leave. It discussed
to include not only a negative duty but
3 News Agencies, Zomato’s ‘period leave’ policy also a positive liability upon the State.
triggers debate among Indian women, AL JAZEERA,
Aug 12, 2020
Negative duty of the State refers to the
4 Urvashi Prasad, India needs a menstrual leave duty that the State shall not intervene
policy, B.L. The Hindu, June 07, 2018 in the rights of the subjects whereas,
5 Vrinda Aggarwal, Leave to Bleed: A Jurisprudential the positive duty places the liability
Study of the Policy of Menstrual Leaves, 8 JILS 1,8-9
(2017)
upon the State to frame laws that shall
protect the ones who need it. Thus,

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the meaning that this Article implies women in matters of employment and
isn’t that everybody should be treated a healthy working environment for the
equally, but that there should not exist women employees, both physically
any special treatment between classes and mentally.
without justifiable reasons attached
for the same. Equal protection of The former specifically relates to
the laws means that people similarly the “just and humane conditions of
situated ought to have the same laws work”. Now considering the policy
applicable to them. of period leave with regards to this
it can easily be concluded that the
If an act which protects the right of women employees who, because of
women to take maternity leave is valid the absence of such a policy are bound
and has been welcomed, it is difficult to work during their menstruation
to argue why the notion of menstrual period, such a practice would qualify
leave needs to be targeted as being as unjust and inhumane and a violation
unfairly prejudicial to ones who can’t of this Article. The State is under an
avail it given that nobody has a choice obligation, by virtue of Article 42, to
when it comes to period or the way ensure “just and humane conditions
it effects both mental and physical of work” for women employees and to
wellbeing. fulfil its obligation.

One of the provisions from which such Another aspect for the constitutional
a policy of providing period leave for validity of such a policy derives its
the women can be justified is Article strength form Article 21 of the Indian
42 of the constitution. constitution which guarantees to every
person the right to life.
This Article falls under the chapter
of Directive Principles of State Article 21 of the Indian Constitution
Policy. As per this article, the State reads as-
is mandated to “make provision for “21. Protection of life and personal
securing just and humane conditions liberty- No person shall be deprived
of work and maternity relief”. Further, of his life or personal liberty except
under Article 15 discrimination on according to procedure established by
the grounds only of sex has been law.”
prohibited. However, clause 3 of the
said article provides that the State can The right to life under this article
make special provisions solely for includes the right to live with human
women and children and nothing in dignity.6 In a country like India where
article 15 shall prevent the State from women have to face many kinds of
making such provisions. Thus, from the social stigmas, either in the society
above two Articles it can be observed or at their workplace, in many cases
that the Constitution itself casts a duty 6 Francis Coralie Mullin vs UT of Delhi, AIR 1981
on the State for providing relief to SC 746

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women employees face discrimination one Australian study, menstruation

and humiliation because of periods, might lead to an increase in the body
even from their female counterparts. temperature and cardiovascular strain,
This results in the violation of their thereby possibly rendering a negative
constitutional right to live with human impact on the performance of women.
dignity. To prohibit such practices The energy level of women may also
and to prevent the sufferings of such get lowered, however it differs from
women employees as well as violation woman to woman.
of constitutional right, the legislature
has all the rights to step in and In this research project, we examined
formulate such a policy. various factors and issues related
to period leave for working women
3. Research Gap & Research Problem .The opinion of both male and female
employees towards Period leave for
From the above valuable articles, the
woman and their view regarding
one key element that seems to be
gender equality in the workplace
missing is the opinion of the public and
was also brought out in this research
the analysis thereof. This topic being
. The most important point captured
typically of public importance has to
in this study is the need for a period
be understood from the attitudes and
leave policy. Quantitative data
reasoning of important stakeholders
analysis approach to draw conclusion
,namely women employees , men
from empirical data was used in this
employees and employers. Thus,
research.
the researchers shall try to analyse a
limited sample to predict whether the
So the Research questions are :
thesis shall be responded to in positive
or negative. • What are the opinions of
employees, men and women,
Today women are employed in almost towards Period Leave.
every sector of the economy and their
• What should be the length of such
performance has been at par with
leave and if that will be a paid or
their male counterparts. It has also
unpaid leave.
been observed that in many of the
sectors, the women employees have • Should the leave policy be left to
outperformed the male employees and the employer or the Government
have handled work-related problems should make it compulsory by
more tactfully than the latter. However, passing of a legislation.
one of the major issues which continue
to hinder the performance of working 4. Research Methodology
women is the problems they face This is an exploratory research.
during their periods. The tremendous Descriptive and Quantitative research
amount of pain which women face methods has been used in this study .
during that period affects their mental Details are as follows:
and physical health. According to

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 Menstrual leave at workplace: Employees’...

Research Approach: The research about the purposes of this project,

approach implemented has been and gave their consent to participate.
that of interpretivism. It has been Their identity as well as the other
observed that one characteristics of personal details has been kept in
interpretivism is that these facts are strict confidentiality, thus meeting the
abstract in nature, and governed by requirements of the code of ethics.
a variety of factors which are non-
tangible and difficult to measure. Instrument of Data Collection: The
researchers had framed the questions
Research Design: This research keeping in mind the social conditions
makes use of a quantitative research prevailing in our society. The topic
strategy. Quantitative research focuses in itself attracts stigma and not many
on gathering numerical data and people are comfortable having a free
generalizing it across groups of people discussion on it. Hence, options were
or to explain a particular phenomenon. provided and responses to the same
Research Methods: For the purposes of were studied to reach the conclusion.
this research, the authors have decided Certain classes of question were also
to use a classic social sciences research designed for women alone, they being
tool – questionnaires. Questionnaires the ones to be directly affected.
were chosen for this research because
they are a reliable and quick method The factor of age group was of
to collect information from multiple importance to study the change in
respondents in an efficient and timely approach when it comes to the fact
manner. of belonging to different generations.
Marital status was kept a variable to
Sampling Strategy: For the purposes of study if it had any correlation when
this study, the authors had to examine the answers that had been recorded.
two separate groups of participants. The awareness regarding the notion
The first group of participants were of menstrual phase and the concept
more broad and general in nature, of leave availing for menstruation
which is to say, that both men and was also an important factor that
women formed an equal share of had high impact on the topic. Again,
it. The second group consisted of certain questions very clearly brought
women alone, and the questions were out the perception of the contributors
specifically targeted to them to grasp regarding the condition or effect that
the contrast or consistency between period can have upon the work women
the major stakeholders. A sample size undertake. The researchers also
of 200 was used for the study and thought it wise to directly then proceed
snowball sampling was used to get the with the opinion polls regarding the
respondents. leave, and whether it ought to be paid,
and if yes, whether fully or partly. The
Ethical Considerations: All of the interesting part was, another query
participants were informed in advance was framed to bring into notice about

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the outlook as to whether period leave 5. Data Analysis and Findings

could be prejudicial to men.
The researchers analyzed the answers
to questions related to Period leave , to
Certain questions, as mentioned earlier
understand the opinion and the degree
were framed particularly for women.
of acceptance of employees in the
This questions were significant
matter of menstrual leave. The sample
because they involved the personal
strategy, as was mentioned under the
opinion regarding the availing of
research methodology, was mainly
menstrual leave at a personal level.
divided under two branches. The first
The reasons for not availing even
one being the general and broad one,
though supportive of menstrual leave
wherein both men and women were a
also had to be studied and understood
part, and the second one consisted of
to being about the analysis that the
women only. Therefore, with that in
researchers were aiming at.
mind, the researchers would proceed
with the analysis of individual
Data Analysis: The results were
questions.
analyzed using MS Excel, due to the
small sample of participants. The
major results and findings of this There were a few other questions that
research are discussed in the following were left behind from the analysis,
chapter. because the responses were greatly

Fig. 1: Certain questions that were put forward to analyse the broad sample,
i.e. both men and women being respondents. The question and the number of
respondents to have said yes or no has been indicated in the graph.

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 Menstrual leave at workplace: Employees’...

unanimous, and there was not much 5.2. Moving on to the next question,
to analyse. One such was whether which was whether it would be unfair
respondents were aware of the concepts and prejudicial to men that women
of menstruation and menstrual leave. be granted menstrual leave. The
Both were answered in affirmative, and very remarkable part is that, most
hence the researchers have proceeded respondents from either gender have
with the study of the responses of the agreed to the fact that granting women
queries from which can be understood menstrual leave is unfair to men. This
as to the degree of acceptance of the clearly brings out the ambiguity and
concepts as discussed below. the broken linkage of thoughts that
the previous responses had knitted.
The researchers would first proceed
It definitely might result out of the
with the analysis of the general aspects
strong patriarchal society we still live
of the questionnaire and later proceed
in or the thought process we have
to the specific ones.
cultivated along the way. This answer
5.1. The first question that was presented is in disagreement and clear contrast
was whether the respondents believed to the results discussed previously.
that menstruation could result in
5.3. Moving on to the next query, the
any interference with the work they
question that the researchers had put
were undertaking, in any given field.
out forward was whether in case the
The response from men and women
menstrual leave if granted, it ought to
equally, for both yes and no seems to
be paid or unpaid. Given the similar
have reached a harmony, wherein the
circumstances, in case of maternity
percentage for both for and against
benefits it is a matter of right to
the question presented doesn’t seem
receive their dues, and even as per our
to have a grave distinction based
data, most women and unanimously
on gender. Hence, women and men
all men have accepted that it ought to
from various fields have reached a
be paid. Certain women respondents
consensus and have a clear acceptance
were found to be have declined the
to the fact that menstruation does have
prospect of getting paid in order to
an impact and tends to hinder the job
avail menstrual leave. Like has been
the woman might be undertaking.
stated in other articles previously,
Another very pertinent question some people are sceptical and do not
put forward by the researchers was consider menstrual leave as a right.
whether period leave ought to be The researchers would then like to
granted. Even in this case, much like move on to analyze the questions and
the previous one, the answer of yes the responds that were received from
and no, for both women and men stated the specific group, which consisted of
that there was a general agreement women respondents only.
with regard to the answer. Most of 5.4. The first question that was put
the respondents from either sex and forward to conduct this study was
all age groups agreed that menstrual whether the nature of work was that of
leave ought to be granted to women. a desk job primarily. The respondents

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Fig. 2: The graph represents that questions that were put forward to specifically
the women respondents and their respective responses.

mostly answered in negative even introduced should be applicable to

though the difference was noticeable, all organizations, irrespective of
it wasn’t entirely marginal. the nature of their work rather than
the ones which requires most, i.e.
5.5. The next question that was barring white collar jobs. Most of
pertinent was whether one would the respondents established that
personally avail menstrual leave if irrespective of the nature of work
provided. The interesting fact that was one undertakes, menstruation can be
observed was the respondents who has uncomfortable to deal with. Most have
previously supported the introduction agreed that menstrual leave needs to
of the leave were themselves reluctant be applicable to all sectors and not a
to avail it, even if available. This selective few.
brings the topic of menstruation being
6. Limitation of the study
a social humiliation in the stage again.
People are not yet comfortable enough Through this research, we intended to
to even talk about it, hence this might find out the perception of both men
have resulted in the discrepancy when and women towards the need for such
it comes to a discussion at a personal a leave and then the need of a policy of
level. It is difficult to decipher the period leave for the working women .
reasoning behind the cause, because it This is an exploratory research and
can be varied. various limitations are as follows:
5.6. The next question that the Sample size: The sample size which
researchers were concerned with was taken into consideration for the
was if the menstrual leave, if analysis is limited because of the

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 Menstrual leave at workplace: Employees’...

hurdle in collecting data during corona throws light on the perception of the
pandemic. various men and female employees
towards the introduction of such a
Lack of available data: The research
policy.
topic undertaken hereby is still in a
nascent stage. Not much secondary
Upon conducting the research, it was
data is available on the subject.
found out that the lion’s share of the
Geographical area: As already stated, female and male respondents find it
because of the various restrictions necessary for the introduction of a
imposed by the government due to the period leave policy in their institution.
pandemic, the geographical area for More surprising finding which the
the research was limited to three cities. empirical data shows is that whereas
23.3% of female respondents believe
Technological limitation: The
that introduction of such a policy
restriction hindered the strength of
will be unfair to the male employees,
the pool of respondents. Data was
merely 4% of the male employees
collected only in online mode.
believe that such a policy won’t be
Nationality: The research pool for unfair to them. Although conducted
this topic was restricted only to the on a small scale, still it shows that the
Indians. general notion prevalent among the
Stakeholder: We collected the opinion general public that male employees
of the employees only. There are are generally against any pro-women
other stakeholders in the subject policies does not hold true in case of
like Employers , Government , Civil period leave policy.
society etc. Opinion of these people
Therefore, if such women-centric
have not been considered.
policies for women are not introduced
at Pan-India level, proper working
7. Conclusion
conditions or equality to the women
Although, there have been many employees won’t be availed. Such a
pro-women policies introduced by situation shall serve as a hindrance
the successive Governments in India both to the overall development of
for equal participation and equal the women, which in turn would have
treatment of women employees, the a catastrophic cascading effect on the
aspect of period leave has mostly development of the country. More
remain untouched. The topic for research work needs to be undertaken
which this research was conducted into the field of such women-centric
was to look whether the introduction policies and great efforts should
of a policy of period leave for women be made so that those findings can
employees is required or not. be translated into policies. Also,
From the empirical data collected from the proper implementation of these
the cities of Agartala, Bhubaneshwar policies should be strictly scrutinized
and Raiganj, this research therefore by the concerned authorities.

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References

Francis Coralie Mullin vs UT of Delhi, AIR 1981 SC 746

“https://www.nytimes.com/by/geneva-abdul” Geneva Abdul, Company’s

Paid Leave for Periods Takes On a Workplace Taboo, N.Y. TIMES, Aug.
11, 2020

News Agencies, Zomato’s ‘period leave’ policy triggers debate among In-
dian women, AL JAZEERA, Aug 12, 2020

“https://livewire.thewire.in/author/sanjukta-bose/”
Sanjukta Bose, A Quick Note on Gender Equality For Critics of Zomato’s
New Period Leave Policy, L.W.,

“https://livewire.thewire.in/gender-and-sexuality/gender-equality-zoma-
to-new-period-leave-policy/” August 14, 2020

“ h t t p s: / / w w w. t h e h i n d u bu s i n e s s l i n e. c o m / p r o f i l e /a u t ho r/ U r-
vashi-Prasad-16476/” Urvashi Prasad, India needs a menstrual leave pol-
icy, B.L. The Hindu, June 07, 2018

Vrinda Aggarwal, Leave to Bleed: A Jurisprudential Study of the Policy

of Menstrual Leaves, 8 JILS 1,8-9 (2017)

44