Row over paid period leave in India

India Inc. seems to be divided over the question of having paid menstrual leave or not for employees. 

At present, there is no law mandating paid menstrual leave for employees. However, an organization may voluntarily implement it. 

Many are questioning the need as women may take sick leave anyway. Many are in support because although menstruation is a normal process, it can be painful also many times causing discomfort. 

Let’s pause here for a moment and understand the larger issue to be addressed. The intent is to break the taboo around it and encourage acceptance to foster resilience. Instead of lying or calling it a sickness, a woman may simply take menstrual leave if there is discomfort interfering with her daily routine, and come back stronger. 

Under Indian laws, we have different kinds of leaves such as sick leaves, casual leaves, earned leaves, maternity leaves, etc. which seeks to instil confidence amongst employees that they are being taken care of and their needs are not ignored. 

Bringing a mandatory requirement may not be very effective in achieving the desired result because there is a risk of discrimination against women at the workplace, as pointed out during discussion in the parliament of India. We have seen this before when maternity leaves were increased, and it still continues. 

Encouraging voluntary adoption may be a way forward and put the controversy to rest. There may be different ways to implement the policy while the focus should also be to prevent misuse. For instance, a pool of 7-9 period leaves may be created with conditions like one paid leave may be taken in a month and unavailed leaves will lapse every year. Another option could be considering work from home for a day. Since it is a natural process and does not always cause pain, many employees may not even opt for these options unless there is really discomfort.

For queries, write to vinita.sahitya@lexfulcrum.com