The Supreme Court last week raised concerns over making menstrual leave mandatory for women employees, warning that such a policy could unintentionally affect women’s employment opportunities.
A bench of Chief Justice of India Sanjiv Khanna and Justice Joymalya Bagchi observed during a hearing that while menstrual leave may appear to be a progressive workplace reform, turning it into a compulsory legal provision could lead employers to become hesitant about hiring women.
The remarks came while the court was hearing a petition seeking directions to the Centre and states to frame a policy granting menstrual leave for women employees across workplaces.
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The judges observed that creating a statutory right to menstrual leave every month could lead to unintended consequences for women’s careers, particularly in the private sector.
"Making menstrual leave mandatory through legislation requires careful balancing,” says Nitin Satpute, a Supreme Court advocate. “While the intention is to recognise women’s health needs and promote workplace sensitivity, a blanket legal mandate may create compliance concerns for employers, particularly in the private sector. There is also the risk that companies may begin to factor such provisions into hiring decisions, unless the policy is designed with strong safeguards.”
During the hearing, the bench also said that mandatory menstrual leave could shape perceptions about women’s productivity or reliability at work.
This conversation in itself isn't new. Six years ago, Paree, a homegrown sanitary pad brand, introduced one day of period leave per month, but not as a mandatory leave; the choice to avail of it or not was left completely up to the woman employee. While the managerial and corporate staff at the company could avail work from home, it was a paid leave for factory and on-ground sales staff, the company noted.
Petitioner’s counsel, too, told the court that some states and institutions have already introduced menstrual leave provisions. Bihar, Karnataka and Odisha have certain policies allowing menstrual leave, while Kerala has introduced menstrual leave in educational institutions.
This time, however, the proposal to make it a mandatory leave has generated discussion from across diverse sections of society.
The bench acknowledged that voluntary or institution-level policies may work well in specific contexts but said imposing a universal legal mandate may require much more thought.
"Menstrual leave should be recognised as a legitimate workplace right and not treated as a discretionary benefit,” says Kamayani Mahabal of Jan Swasthya Abhiyan. “For many women, menstruation can involve significant pain and discomfort, and leaving the decision entirely to employers often means workers, especially in the informal or private sector, may never receive such support. A policy framework that recognises menstrual health is essential for ensuring dignity and equity at the workplace.”
Dismissing the petition, the Supreme Court said the issue had already been brought to the attention of authorities and that the government could consider framing a model policy after consultations.
The debate around menstrual leave has gained momentum in recent years as workplaces globally explore ways to make policies more gender-sensitive.
While supporters argue that such leave acknowledges biological realities and improves workplace wellbeing, critics caution that mandatory provisions could inadvertently deepen gender biases in hiring.
"Companies today are increasingly open to conversations around employee wellbeing, including menstrual health,” says an HR manager from an IT firm based in Bengaluru, on condition of anonymity. “However, if menstrual leave becomes a statutory requirement, organisations will need clear guidelines on implementation, documentation and workplace flexibility. Many companies may prefer a flexible leave framework and not a rigid structure that makes it mandatory for the employer.”
"Of course, there are times when I simply don't want to go to work, especially on the first day of my period, and I can take a paid casual leave too. But I do not explicitly mention this as the reason; it is just any other leave. I don't think I will like a special dedicated paid leave especially for this reason, because that will also mean that the entire office knows that I'm on my period, which I'm not comfortable with. Giving all women employees one more day in addition to their regular quota of leaves, without explicitly mentioning it to be a period leave, will be great," says Shikha S., who works with a PR firm in Mumbai.