More Than A Whisper: Should India Have A Paid Menstrual Leave Policy?

While menstruation is a lived reality for many, it may be even more underlined every May 28th, which is considered Menstrual Hygiene Day. Because bleeding every 28 days is not as cool as it sounds. Even in 2024, menstruation might be considered a taboo subject relegated to the shadows, even while many are trying to normalize it as the natural and maybe, even integral part, of nearly half the population worldwide that it is. And as a natural biological process, it's not necessarily a picnic. It's said to come with physical discomfort, like cramps, fatigue and headaches. That could impact people at a workplace. There's, even, a phenomenon called "presenteeism", where employees may come to work and not fully function, because of issues, like menstruation. And that could lead to lost productivity. So, it could be hard for people on their periods to manage their health needs while being as productive as they usually are. So, it does lead to a heavily debated question: should there be paid menstrual leave? Countries, like Spain, Japan, Zambia, the Philippines, South Korea, Indonesia and Taiwan have seem to have said yes to menstrual leave. For some, it might not always be paid. How about India? In 2023, there was a Supreme Court dismissal of a petition urging states to adopt menstrual leave, with a draft policy to promote flexible working arrangements. But, not everyone was enthusiastic about the idea. Union Minister of India Smriti Irani seemed to be opposed to mandatory paid menstrual leave. In December 2023, she was said to have emphasized her belief that menstruation is a natural part of life and not a handicap, which led to another debate. So, what are the potential consequences for the workforce, particularly for those who may be experiencing severe menstrual symptoms? According to DEI consulting firm Feminuity, "Paid menstrual leave helps to foster workplaces that value the well-being of team members and helps increase equity. Menstruation impacts both the physical and mental well-being of people who menstruate, which can then impact productivity negatively and increase absenteeism. While it's disappointing that a petition for paid menstrual leave was dismissed in India, it's important to note that organizations are still able to set policies that support people who menstruate. Menstrual leave policies help to move organizations towards a more empathetic, compassionate and inclusive workplace". Law firm Khaitan & Co is one example of an organization that introduced a menstrual leave policy for its employees, allowing them a maximum of 12 paid days per calendar year for menstruation-related reasons. The idea of equality may be the same treatment for everyone. What does that mean in the context of gender differences? While those who menstruate ought to have access to equal opportunities, does the fact that the burden of menstruation falls disproportionately on one group shake things up? According to Anita Raj, Executive Director of the Newcomb Institute at Tulane University, "Not all women are unable to work during menstruation and not all women menstruate. I am not sure how a policy could be established specific to menstrual leave. Would you have to prove you menstruate? I also worry about health policies and paid leave specific to a demographic group". And there could be difficulty in creating a uniform policy due to different symptoms. Menstruation might not be a monolithic experience. There could be a spectrum of symptoms, ranging from manageable discomfort to debilitating pain and conditions, like endometriosis. So, could it be argued that only extreme issues stemming from menstruation, like endometriosis, should require specific accommodations, like paid menstrual leave? Raj states, "Anyone who has a medical condition requiring work accommodations should not be denied the opportunity to work. I am unaware of data regarding menstruation being universally debilitating, so I do not think a policy could be established for menstruation as a condition requiring medical leave". According to Feminuity, "Menstrual experiences exist on a spectrum. While accommodations for specific conditions are vital, a far more inclusive approach offers flexibility and support to all menstruating people as they need it. Solutions can range from flexibility to work from home to paid time off and legislation helps to encourage organizations to embed a flexible approach to menstruation in their policies. Paid leaves are not just about addressing extremes; they're about creating equity and a workplace culture that values well-being for everyone". Another argument brought up, when it comes to paid menstrual leave, is that it might inadvertently reinforce gender stereotypes and perpetuate the idea that one group of people are inherently incapacitated during menstruation. Could that be a credible argument? Feminuity remarks, "When implementing paid menstrual leave, it's really about empowerment rather than the perpetuation of stereotypes. These kinds of policies help to normalize having open conversations and creating tailored solutions for people as they need them. By creating an environment where open dialogues can occur, we can shift to creating environments where individuals, regardless of gender, feel supported and understood". But, what about companies themselves? If one group of people have monthly leaves, could that create operational disruptions? That could strain team dynamics. What if these are not big companies equipped to handle this kind of leave? Raj remarks, "I do worry that assumptions about work capacity, based on the age and gender of a person, could result in bias against these individuals at hire or for advancement. Certainly, such concerns have been the case for women of a certain age, due to fear of loss of work time for family leave. While some companies have moved to unlimited leave, this is often in work climates where indicators of high productivity lead to advancement: places where people already overwork. The policy may simply not be used by women in these environments, even if the leave is needed, because the individual wants to fit into that norm". Feminuity states, "Operational disruptions are already happening. People take sick days or work through pain and discomfort. Menstruation can increase anxiety, impact hormones and decrease energy levels, all of which disrupt work. The key is really about creating balance and having proactive strategies in place. By having open conversations and flexible work structures, we're able to turn potential disruptions into opportunities to support people. In turn, companies can enhance productivity and loyalty". If India does, perchance, implement a menstrual leave policy, could it lead to a possibility, where employers might be compelled to hire more males in order to have more employees in the workplace working? Feminuity opines, "While it may seem like a strong argument against paid menstrual leave, it's not backed up by data. Countries and companies have implemented this type of leave without experiencing an increase in hiring men or people who don't menstruate. By advocating for the well-being of everyone, we pave the way for collaboration, innovation and growth. It's not a seesaw; it's a shared journey toward having a more compassionate and effective workforce". How nuanced can policies be, considering the varying severity of menstrual symptoms? Or maybe, recognizing and addressing the unique health needs of one group of people could be important for fostering a truly equitable work environment. There may be an assumption that all employees experience the same health challenges. But, that assumption might neglect a monthly physiological process that people may undergo. And what about other medical conditions? Should they receive the same treatment? What about other health issues that people face, maybe not because of gender, but genetics or pre-existing conditions? Raj adds, "I think it may be better to have flexible schedules and paid medical leave up to some set amount of days per year to support people with chronic medical conditions or other needs such as childcare or eldercare, to be able to maintain positions in the workplace". On one hand, maybe a paid menstrual leave might send a powerful message that a workplace values its employees as people, promoting a work culture that understands the correlation between employee wellbeing and productivity. It may be important to recognize that workplace inclusivity is an ongoing journey that continuously requires people to reassess and refine their approaches. So, on the other hand, in the quest for gender equality, one, also, has to make sure not to inadvertently create policies that exacerbate disparities or create a separate set of expectations for different people. Maybe, there could be a broader exploration of comprehensive wellbeing policies encompassing a whole range of health-related considerations. And if it's a holistic approach, that could address menstrual health within the broader context of overall wellbeing that supports everyone. Nonetheless, menstruation is a biological reality that's natural and unavoidable for many. Period. What does it take to create policies that stand the test of time and contribute to workplaces where everyone feels valued and supported?

While menstruation is a lived reality for many, it may be even more underlined every May 28th, which is considered Menstrual Hygiene Day. Because bleeding every 28 days is not as cool as it sounds. Even in 2024, menstruation might be considered a taboo subject relegated to the shadows, even while many are trying to normalize it as the natural and maybe, even integral part, of nearly half the population worldwide that it is.

And as a natural biological process, it’s not necessarily a picnic. It’s said to come with physical discomfort, like cramps, fatigue and headaches.

That could impact people at a workplace. There’s, even, a phenomenon called “presenteeism”, where employees may come to work and not fully function, because of issues, like menstruation. And that could lead to lost productivity. So, it could be hard for people on their periods to manage their health needs while being as productive as they usually are.

So, it does lead to a heavily debated question: should there be paid menstrual leave?

Countries, like Spain, Japan, Zambia, the Philippines, South Korea, Indonesia and Taiwan have seem to have said yes to menstrual leave. For some, it might not always be paid.

How about India? In 2023, there was a Supreme Court dismissal of a petition urging states to adopt menstrual leave, with a draft policy to promote flexible working arrangements.

But, not everyone was enthusiastic about the idea.

Union Minister of India Smriti Irani seemed to be opposed to mandatory paid menstrual leave. In December 2023, she was said to have emphasized her belief that menstruation is a natural part of life and not a handicap, which led to another debate.

So, what are the potential consequences for the workforce, particularly for those who may be experiencing severe menstrual symptoms?

According to DEI consulting firm Feminuity, “Paid menstrual leave helps to foster workplaces that value the well-being of team members and helps increase equity. Menstruation impacts both the physical and mental well-being of people who menstruate, which can then impact productivity negatively and increase absenteeism. While it’s disappointing that a petition for paid menstrual leave was dismissed in India, it’s important to note that organizations are still able to set policies that support people who menstruate. Menstrual leave policies help to move organizations towards a more empathetic, compassionate and inclusive workplace”.

Law firm Khaitan & Co is one example of an organization that introduced a menstrual leave policy for its employees, allowing them a maximum of 12 paid days per calendar year for menstruation-related reasons.

The idea of equality may be the same treatment for everyone. What does that mean in the context of gender differences? While those who menstruate ought to have access to equal opportunities, does the fact that the burden of menstruation falls disproportionately on one group shake things up?

According to Anita Raj, Executive Director of the Newcomb Institute at Tulane University, “Not all women are unable to work during menstruation and not all women menstruate. I am not sure how a policy could be established specific to menstrual leave. Would you have to prove you menstruate? I also worry about health policies and paid leave specific to a demographic group”.

And there could be difficulty in creating a uniform policy due to different symptoms. Menstruation might not be a monolithic experience. There could be a spectrum of symptoms, ranging from manageable discomfort to debilitating pain and conditions, like endometriosis. So, could it be argued that only extreme issues stemming from menstruation, like endometriosis, should require specific accommodations, like paid menstrual leave?

Raj states, “Anyone who has a medical condition requiring work accommodations should not be denied the opportunity to work. I am unaware of data regarding menstruation being universally debilitating, so I do not think a policy could be established for menstruation as a condition requiring medical leave”.

According to Feminuity, “Menstrual experiences exist on a spectrum. While accommodations for specific conditions are vital, a far more inclusive approach offers flexibility and support to all menstruating people as they need it. Solutions can range from flexibility to work from home to paid time off and legislation helps to encourage organizations to embed a flexible approach to menstruation in their policies. Paid leaves are not just about addressing extremes; they’re about creating equity and a workplace culture that values well-being for everyone”.

Another argument brought up, when it comes to paid menstrual leave, is that it might inadvertently reinforce gender stereotypes and perpetuate the idea that one group of people are inherently incapacitated during menstruation. Could that be a credible argument?

Feminuity remarks, “When implementing paid menstrual leave, it’s really about empowerment rather than the perpetuation of stereotypes. These kinds of policies help to normalize having open conversations and creating tailored solutions for people as they need them. By creating an environment where open dialogues can occur, we can shift to creating environments where individuals, regardless of gender, feel supported and understood”.

But, what about companies themselves? If one group of people have monthly leaves, could that create operational disruptions? That could strain team dynamics. What if these are not big companies equipped to handle this kind of leave?

Raj remarks, “I do worry that assumptions about work capacity, based on the age and gender of a person, could result in bias against these individuals at hire or for advancement. Certainly, such concerns have been the case for women of a certain age, due to fear of loss of work time for family leave. While some companies have moved to unlimited leave, this is often in work climates where indicators of high productivity lead to advancement: places where people already overwork. The policy may simply not be used by women in these environments, even if the leave is needed, because the individual wants to fit into that norm”.

Feminuity states, “Operational disruptions are already happening. People take sick days or work through pain and discomfort. Menstruation can increase anxiety, impact hormones and decrease energy levels, all of which disrupt work. The key is really about creating balance and having proactive strategies in place. By having open conversations and flexible work structures, we’re able to turn potential disruptions into opportunities to support people. In turn, companies can enhance productivity and loyalty”.

If India does, perchance, implement a menstrual leave policy, could it lead to a possibility, where employers might be compelled to hire more males in order to have more employees in the workplace working?

Feminuity opines, “While it may seem like a strong argument against paid menstrual leave, it’s not backed up by data. Countries and companies have implemented this type of leave without experiencing an increase in hiring men or people who don’t menstruate. By advocating for the well-being of everyone, we pave the way for collaboration, innovation and growth. It’s not a seesaw; it’s a shared journey toward having a more compassionate and effective workforce”.

How nuanced can policies be, considering the varying severity of menstrual symptoms? Or maybe, recognizing and addressing the unique health needs of one group of people could be important for fostering a truly equitable work environment.

There may be an assumption that all employees experience the same health challenges. But, that assumption might neglect a monthly physiological process that people may undergo.

And what about other medical conditions? Should they receive the same treatment? What about other health issues that people face, maybe not because of gender, but genetics or pre-existing conditions?

Raj adds, “I think it may be better to have flexible schedules and paid medical leave up to some set amount of days per year to support people with chronic medical conditions or other needs such as childcare or eldercare, to be able to maintain positions in the workplace”.

On one hand, maybe a paid menstrual leave might send a powerful message that a workplace values its employees as people, promoting a work culture that understands the correlation between employee wellbeing and productivity.

It may be important to recognize that workplace inclusivity is an ongoing journey that continuously requires people to reassess and refine their approaches. So, on the other hand, in the quest for gender equality, one, also, has to make sure not to inadvertently create policies that exacerbate disparities or create a separate set of expectations for different people.

Maybe, there could be a broader exploration of comprehensive wellbeing policies encompassing a whole range of health-related considerations. And if it’s a holistic approach, that could address menstrual health within the broader context of overall wellbeing that supports everyone.

Nonetheless, menstruation is a biological reality that’s natural and unavoidable for many. Period.

What does it take to create policies that stand the test of time and contribute to workplaces where everyone feels valued and supported?

Subscribe to Rizing Premium: https://rizingtv.com/membership-account/membership-levels/

Other Articles:

https://rizingtv.com/how-relevant-is-crypto-in-2024/

https://rizingtv.com/what-makes-a-great-acquisition-in-2024/

https://rizingtv.com/could-gift-city-be-indias-new-ai-hub/

https://rizingtv.com/meat-the-future-planting-the-meatless-flag/

https://rizingtv.com/can-blockchain-solve-the-us-tiktok-crisis/

Rizing Premium Save BIG.The Rizing Gold Plan: ₹1299/-

X