Embracing Menstrual Leave: A Progressive Step Towards Women’s Well-being in the Workplace
AUTHOR: ADITYA KAJAL, 1ST YEAR LLB student AT MAHARSHI DAYANAND UNIVERSITY( MDU) ROHTAK
Abstract
Menstruation is as old as humanity itself. Menstrual leave enables a person to take time off from work when period prodromes make it delicate to perform work tasks. For some people, habitual pelvic pain can be exhausting and affect work productivity both long and short- term, also face numerous challenges like pain, anxiety, and weakness. obligatory menstrual leave policy could affect menstruators in multitudinous ways, including their status in the factory. The question is whether such a policy would profit or disadvantage a menstruator’s well- being. Despite progressive points, could menstrual leave programs escalate discrimination and apathetic stations toward menstruators? prolusion period is fundamental because it either expedites or obstructs the consummation of a whole range of moral rights
preface
period is a natural and essential part of a woman’s life, yet the plant frequently fails to accommodate the unique challenges that women face during their menstrual cycles. In recent times, there has been a growing global discussion about the need for obligatory menstrual leave, feting the physical and emotional risk that period can take on women. This composition explores the conception of obligatory menstrual leave and its implicit benefits for women in the pool.
“ The smirch and shame generated by conceptions around period have severe impacts on all aspects of women’sand girls ’ mortal rights, including their mortal rights to equivalency, health, casing, water, sanitation, education, freedom of religion or belief, safe and healthy working conditions, and to take part in artistic life and public life without demarcation ”( United Nations 2019)
Understanding the Menstrual Cycle
The menstrual cycle is a complex physiological process that impacts women in colorful ways. From physical symptoms like cramps, fatigue, and headaches to emotional challenges similar as mood swings and heightened stress situations, period can significantly affect a woman’s well- being. Despite its universality, society has frequently overlooked the impact of period on women’s diurnal lives, particularly in the professional realm.
The Case for obligatory Menstrual Leave
1. Promoting Gender Equality Calling menstrual leave is a pivotal step toward gender equivalency in the plant. By admitting and accommodating the unique requirements of women, it helps position the playing field and demonstrates a commitment to fostering an inclusive work terrain.
2. Enhancing Productivity Women passing menstrual discomfort may find it grueling to maintain peak productivity situations during their ages. furnishing devoted menstrual leave allows women to prioritize tone- care, icing that they return to work rejuvenated and ready to contribute effectively.
3. Reducing Stigma The preface of menstrual leave helps destigmatize period by homogenizing exchanges around it. Creating an open dialogue breaks down walls, educates others, and fosters a more probative plant culture.
4. perfecting Mental Health Menstrual cycles can impact internal health, with numerous women passing heightened stress and anxiety during their ages. Calling menstrual leave recognizes the significance of internal well- being and empowers women to prioritize tone- care without fear of judgment or impacts.
5. Fostering Hand fidelity Companies that prioritize their workers’ well- being, including menstrual health, are likely to foster lesser fidelity and job satisfaction. When workers feel supported, they’re more likely to be engaged and committed to their work.
As per the constitution of India
In India, menstrual leave would be in line with Composition 21( right to life) and Composition 14( right to equality) of the Constitution. also, the Constitution empowers the State to make special vittles for women and children under Composition 15( 3). women are working hard to break glass ceilings, challenge generalizations, and overcome gender bias in the pool. The actuality of systemic, structural discrimination and inequality in the pool is reflected in the bottomless representation of women in leadership positions across sectors and industriousness. To bridge the ‘ gender leadership gap ’, the differences between men and women need to be recognized and addressed rightly
Position in another corridor of the world?
While menstrual leave programs are not yet considerably espoused encyclopedically, they are gaining farther attention and recognition as an important policy that can support women’s health and well- being in the factory and education. Several countries, including Spain, Japan, Indonesia, Philippines, Taiwan, South Korea, Zambia, South Korea, and Vietnam, advocate for menstrual leave. Spain recently came the first European nation to give paid menstrual leave to workers, with an outside of three menstrual leave days each month, which can be extended to five days.
The idea ofmenstrual leave has been a subject of discussion and debate within different diligence. Opinions on this matter can vary, and there are both sympathizers and critics of enforcing menstrual leave programs. Then are some perspectives from different stakeholders
sympathizers
1. Employee Well- being Some argue that menstrual leave is essential for promoting the well- being of womanish workers. Admitting and accommodating the unique requirements of women during their menstrual cycles can contribute to a healthier and further inclusive work terrain.
2. Productivity Proponents suggest that furnishing menstrual leave can enhance productivity by allowing women to take the time they need to manage symptoms and recover, eventually leading to bettered focus and effectiveness when they return to work.
3. Gender Equality sympathizers of menstrual leave contend that it contributes to gender equivalency by feting and addressing a health issue that’s specific to women. It reflects a commitment to creating workplaces that consider the different requirements of all workers.
4. Legal Compliance In regions where there are legal vittles for menstrual leave, companies may see the perpetration of similar programs as a way to insure compliance with labor laws and regulations.
Critics:
1. Potential for Gender Stereotyping: Some critics argue that implementing menstrual leave policies may reinforce gender stereotypes, suggesting that women are less capable or more prone to
health issues than their male counterparts. This could potentially lead to discrimination or bias in hiring and promotion decisions.
2. Operational Challenges: Skeptics express concerns about the potential operational challenges of managing additional leave categories. They worry about the impact on workforce scheduling and the need to find suitable replacements for absent employees.
3. Equality Concerns: Critics often highlight concerns about creating distinctions between male and female employees, asserting that all employees should be treated equally and that leave policies should be based on individual needs rather than gender-specific criteria.
4. Workplace Equity: Some argue that addressing menstrual health concerns should be part of a broader strategy for workplace equity, including better overall health and wellness programs for all employees rather than singling out a specific demographic
It’s important to note that attitudes toward menstrual leave may evolve over time, and perspectives can differ based on cultural, regional, and industry-specific factors. As discussions continue, organizations may explore alternative approaches to support the health and well-being of all employees while avoiding potential pitfalls associated with gender stereotyping.
Current status:
the Supreme Court dismissed a public interest action( PIL) championing ‘ period leave ’ for womanish scholars and working women across India. still, the bench, comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, honored that the plea had raised some important points, including the absence of any provision on the period in the Maternity Benefit Act 1961. It also noted that the issue fell in the sphere of policy and it would be more applicable for the pleaders to approach the Ministry of Women and Child Development. While there’s no law governing menstrual leave in India, the recently released draft of Menstrual Hygiene Policy 2023 recognizes the need to address the issue of gender demarcation and produce an enabling work terrain that supports leaves and work-from-home options. “ It’s important to emphasize that similar arrangements should be available to all, to help immortalize spots or hypotheticals about productivity grounded on menstrual cycles, ” the draft policy says. likewise, it recognizes periods in the “ trans and the non-binary population ” as well. Though there’s no centralized direction for ‘ paid period leave ’ in India, two Indian countries, Bihar and Kerala, should be saluted for taking the lead in introducing menstrual leave programs for women. Bihar’s policy was introduced in 1992, followed by Kerala in 2023. also, despite the absence of any obligatory conditions, some assiduity titans, similar to Zomato, Swiggy, Byju’s, and several others have handed paid period leave, therefore setting the standard for assiduity practices.
Implementing Practical Solutions:
- Transparent Policies: Companies should establish clear and transparent policies regarding menstrual leave, ensuring that employees are aware of their rights and the procedures for requesting leave.
- Flexible Work Arrangements: In addition to menstrual leave, offering flexible work arrangements, such as remote work options or adjusted schedules, allows women to better manage their work responsibilities during their menstrual cycles.
- Educational Initiatives: Promoting education and awareness about menstrual health in the workplace helps break down stereotypes and fosters a more empathetic and understanding environment.
Conclusion:
Mandatory menstrual leave is a progressive step toward creating a workplace that values and supports the well-being of all employees. By acknowledging the unique challenges women face during their menstrual cycles, companies can contribute to a more inclusive and equitable work environment, ultimately benefiting both employees and the organizations they serve. Embracing menstrual leave is not just a matter of policy; it is a recognition of the fundamental right of women to prioritize their health and contribute to a more balanced and harmonious workplace.
References:
1. www.ohchr.org › en › press-releasesInternational Women’s Day – UN Human Rights Office
