Whose Productivity Counts? Gender, Work, And The Menstrual Leave Debate (2026) – IMPRI Impact And Policy Research Institute

Policy Update

Prabhjot Dayal

Background

Menstrual leaves are formulated to accommodate paid/unpaid leaves for those experiencing extreme symptoms of dysmenorrhea, endometriosis, and other related health problems mark a milestone in the recognition of menstruation as a biological phenomenon that cannot be dismissed as a personal issue. 

With their development having started with the Soviet Union’s 1922 experiment (allowed female employees working in specific sectors access to two or three paid days off each month due to menstruation-related health issues linked to physically demanding work) that was later revoked after five years due to administrative difficulties, their lasting recognition began in 1947 through Japan’s pioneering Labour Standards Act (Article 68). It legally requires employers to grant leaves for “specially difficult” days without requiring compensation, resulting in 19% of Japanese companies offering it voluntarily in 2021 despite the strong cultural taboo of revealing the condition. 

This model has been adapted by various countries, including: 

• Indonesia’s 2003 Labor Act No. 13 that entitles women to two unpaid days of leave every month, non-cumulative 
• Spain’s 2023 European legislation that provides for three days of paid leave every month, extendable to five days with medical certification for government reimbursement to achieve 30-50% 
• South Korea’s one day of paid leave every month
• Taiwan’s three days of leave every year at half-pay under the Gender Equality in Employment Act and Zambia’s unique “Mother’s Day” paid leave
• Vietnam’s three days of leave every month

International Labour Organization’s Labour Standards Reports (2022) show that a workplace policy for menstrual health could increase a company’s productivity levels by about 20% through a reduction in absenteeism and presenteeism among women workers. UN Women frameworks highlight the role of menstrual leaves in reducing unpaid care work burdens amounting to 10% of GDP and ensuring gender equality in the labour market. Though there is still the problem of discrimination in hiring (5-8% bias reported internationally). 

In the Indian context, there exists a lack of centralized legislation enforcing a policy of menstrual leave, while there exist pioneering state-level policies like the 1992 government employee policy of the state of Bihar, which allows for two unpaid days of leave per month. Also the 2023 educational policy of the state of Kerala, which allows for three days of leave for female students with a relaxed attendance policy. Alongside, voluntary corporate policy adoption by entities like Zomato, which allows for 10 days of paid leave per year, equating to a 30% higher retention of female employees. 

Amidst a plethora of Private Members’ Bills including a proposal by MP Hibi Eden in 2023 for three days of paid leave, has not been passed. The Supreme Court of India judgement, through the Chief Justice Surya Kant bench, refused to enforce a nationwide policy of menstrual leave through the Union of India case of 2025, citing possible repercussions like increased hiring discrimination against women. According to the bench, this would most affect those employed in the informal sector; which on the other hand constitutes a whopping 81.8% of the female workforce lacking access to basic amenities like hygiene. 

Menstrual health has a direct correlation with labour rights and productivity, as studies indicate that 20-30% of women face dysmenorrhea, which affects their productivity, and dignity. WHO highlights the need for access to products/hygiene materials. UN Women have also related it with unpaid caregiving, which accounts for a 10% GDP and health benefits of leave policies for Indian survey respondents. WHO highlights health benefits and dispelling the stigma, as transgender/non-binary face higher discrimination, but policy gaps result in dropout rates related to adolescent reproductive health, Labour Force Participation Rate (LFPR) calls for policy changes beyond stereotypes.

Functioning

Bihar leads the way as a trailblazer in India by having introduced menstrual leaves in 1992 in the form of a government notification issued on January 2 under the then-CM Lalu Prasad Yadav. It grants two consecutive days of paid leaves to all female government employees during their periods, excluding regular off days or holidays. This was in response to a 32-day-long strike by women employees and holds relevance even today in the form of simplified self-declaration through an email or verbal intimation, as reaffirmed by welfare departments in the state. 

Kerala took a major step in the realm of educational facilities by allowing female students to be exempted from attending classes for three days during their menstrual cycle in 2023. This move comes in an attempt to reduce dysmenorrhea-related absenteeism among adolescents, which leads to a high dropout rate. Recent developments in Karnataka in the realm of menstrual leaves in the workplace in 2025 have seen all formal sector women between the ages of 18 and 52 in government and private sector jobs being allowed to take one paid day off during their periods without having to submit any documents. In the realm of the private sector, Zomato led the way in 2020 by becoming the first company to introduce a path-breaking policy that grants 10 paid leaves to all female and transgender employees during their periods. This move by CEO Deepinder Goyal was aimed at creating a “culture of trust” and saw a remarkable increase in female employee retention by 30% as declared by the company. This move by Zomato and subsequent adoptions by Byju’s, Mathrubhumi Printing, and Culture Machine are significant in the context of India’s informal female workforce standing at a staggering 81.8% and struggling to cope with widespread hygiene deficits.

The lack of a statutory provision of menstrual leaves at the national level results in a fragmented labour regime in India, where the Maternity Benefit Act, 1961 (amended in 2017) only provides protection during pregnancy and postpartum phases, i.e., 26 weeks of paid leaves for the first two children. However, the four Labour Codes: Code on Wages 2019, Occupational Safety Health and Working Conditions Code 2020 (which provides safe workplaces and crèches) Industrial Relations Code 2020, and Code on Social Security 2020, completely exclude gender-based provisions of menstrual leaves even though provisions are made for women’s rest intervals and exemption from hazardous work. The Ministry of Labour and Employment’s response (through parliamentary responses) states that such leaves fall within the discretionary power of employers, as seen in Private Members’ Bills, such as MP Hibi Eden’s 2023 bill (to provide three days of paid leaves in the OSH Code) which was not taken up by Lok Sabha. Even attempts by MP Shashi Tharoor were not fruitful. A recent ruling by the Supreme Court in 2025 upheld the non-justiciable provisions of menstrual leaves, which may result in hiring biases, as seen in the ruling by Chief Justice Surya Kant. 

Performance 

India’s female labor force participation rate (FLFPR) has shown a remarkable increase, rising from its lowest point of 23.3% in Periodic Labour Force Survey (PLFS) 2017-18 to 41.7% in 2023-24, almost doubling its previous rate, mainly due to rural female workers (24.6% to 41.5%, i.e., 69% increase) amid growing economic distress, inflation, and income supplementation, as per Economic Survey 2024-25. Urban female labor force participation rate increased slightly from 20.4% to 25.4% (i.e., 25% increase), and overall unemployment rates decreased from 5.6% to 3.2%, indicating higher economic activity, even though more inclined towards self-employment (90%+ female employment), as per National Sample Survey Office (NSSO) data.

Menstrual health plays a significant role in determining work performance, as National Family Health Survey-5 (NFHS-5) shows that 77.3% of women aged 15-24 years use hygienic methods (pads, tampons, menstrual cups), increasing from 57.6% as per NFHS-4. However, 20-30% prevalence of dysmenorrhea is linked to work absence and lower productivity, and studies from WHO and ILO suggest that poor menstrual hygiene is responsible for 23% higher absence from school and work. India’s female workforce, comprising 81.8% informal workers, faces facility scarcity, impacting LFPR volatility, as PLFS shows that self-employed  women (majority post-2017 rise) bear disproportionate burdens, underscoring leave policies’ potential to stabilize participation. 

For countries that offer menstrual leave policies, the outcomes show a complex pattern: Japan’s policy introduced in 1947 shows low claims (0.9% claims rate) and voluntary uptake (19%), but a 20% increase in productivity. In contrast, the policy implemented in Spain in 2023 has a utilization rate of 30-50%, which increases retention. Indonesia’s two-day leave policy maintains a stable FLFPR rate due to the stigma attached to menstruation. 

Menstrual leave policy proponents highlight the instrumental value of inclusion, where addressing the 20-30% of women suffering from dysmenorrhea can result in a 20% reduction in absenteeism and increased productivity through targeted rest, as per ILO discussion papers. UN Women frameworks also highlight the value of addressing unpaid care burdens equivalent to 10% of the GDP and enhancing LFPR surges from 23.3% (PLFS 2017-18) to 41.7% (2023-24), where empirical evidence of gains from Zomato’s policy, as per survey responses affirming 71% health improvement and 80% affirming productivity (also highlight dignity gains) especially for informal sector workers (81.8%) without facilities.

Impact

Menstrual leaves undoubtedly promote a culture of dignity in the workplace by acknowledging menstrual health as a non-negotiable employee need, reducing absences due to debilitating cramps that affect more than 80% of women during their periods and promoting sustained employee participation. UN Women studies prove that menstrual leaves help break down long-standing taboos that promote a culture of trust in the workplace, resulting in a 25-35% improvement in retaining employees in organizations that implement this policy. ILO studies prove that normalized health discussions promote a culture of solidarity among genders that helps alleviate feelings of isolation among menstruating employees, (including transgender persons) and ultimately fosters a culture that allows productivity to thrive in a genuine manner rather than through coercion.

Contrary to common perceptions that menstrual leaves might be a deterrent for organizations, studies prove that menstrual leaves actually promote a culture of positive recruitment behaviors that attract the best female talent in a talent crunch scenario. Analysis by ORF proves that there is no long-term cost associated with organizations that voluntarily implement menstrual leaves, while Economic Survey studies prove that gender-inclusive health measures are responsible for the 41.7% high achieved in FLFPR. Strategic implementation of menstrual leaves actually helps organizations offset initial costs through a 33% reduction in costs associated with presenteeism (equivalent to 8.9 working days per employee per year).

Emerging Issues 

Hiring Discrimination Risk: The mandatory policy may reinforce gender stereotypes, with the Supreme Court (2025) indicating a risk of 5-8% of employers being unwilling to hire women due to absenteeism concerns.

Solution: Offer the policy under a gender-neutral term like “wellness leave,” with the right to 2 days of leave per month for legitimate health conditions like dysmenorrhea, with tax rebates from Ministry of Labour and Employment (MoLE) for 50% of the cost for SMEs with fewer than 50 employees.

• Cultural Stigma and Underutilization: The cultural taboo against menstruation causes suppressed claims for leave. Bihar’s policy from 1992 has seen <1% uptake despite the policy’s existence, with a staggering 66% of women fearing social judgment at the workplace according to the NFHS-5 data for the rural population.

Solution: Include menstrual health awareness in the mandatory Prevention of Sexual Harassment (POSH) training for all employees (reaching 10 lakh+ workplaces annually through the NHRC) and enable self-reporting via a secure, privacy-compliant digital platform.

• Informal Sector Wage Loss: 81.8% of the women in the unorganized sector (MGNREGA dominant) lose a day’s earnings without the benefit of the policy.

Solution: Implement the voucher scheme under the National Rural Livelihood Mission (NRLM) with a voucher of ₹200/day for 3 days a month for the unorganized sector and roll it out in 100 aspirational districts with a ₹1000 crore allocation.

• Implementation Monitoring Deficit: There is a lack of a national-level Management Information System (MIS) for the policy’s effectiveness and LFPR correlations, with the Karnataka policy from 2025 offering only a single day’s leave per month without data on the policy’s efficacy.

Solution: Include the menstrual health module in the annual PLFS and the National Council for Transgender Persons (NCTP) dashboard with state-wise compliance audited by the CAG.

• SME Financial Strain: Small and Medium Enterprises (SMEs) incur a cost of 15-20% of the workforce’s wages for the disruption to business due to the policy.

Solution: Employees’ State Insurance Corporation (ESIC) reimbursement (full wage for first 2 years), staggered rollout via the Labour Ministry starting with PSUs.

Way Forward

The policy of menstrual leave needs to be codified through an amendment in the OSH (Occupational Safety, Health) code of India, which will provide three days of paid “personal health leave” per month to those who suffer severely from menstrual problems. Problems like dysmenorrhea, menorrhagia, and endometriosis cause severe pain, heavy bleeding, and debilitating cramps that impair daily functioning and workplace productivity for millions of women. These conditions necessitate gender-inclusive personal health leave to ensure equitable access to rest without stigma, addressing both biological and social barriers to employment. Such measures will fulfill the need highlighted in ILO Convention No. 183 to create good working conditions at such stages of life and promote SDG 5.4 since it will help in recognizing the value of unpaid work done by women, while SDG 8.5 can be met through ensuring productive employment opportunities in the backdrop of increasing female labor force participation rate (FLFPR of 41.7%) in 2023-24. In this respect, the Ministry of Labour and Employment must initiate tripartite talks in six months including trade unions and associations of employers such as FICCI and CII along with women rights organizations, starting the process of implementing this scheme in 100 public sector undertakings (PSUs) and then scaling up to all through ESIC reimbursement at ₹300 per day per SME enterprise, in order to overcome the cost factor and the Supreme Court’s apprehension about discriminatory hiring practices. Other activities that could supplement such steps involve asking NMC to integrate menstrual pain management in MBBS curriculum, allocating Rs 2,000 crore from MGNREGA for distribution of sanitary items at worksite (based on the experience of Madhubani) and conducting PLFS analysis annually.

References

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About the Contributor

A Research & Editorial Intern at IMPRI, Prabhjot is a postgraduate in Political Science from Panjab University, Chandigarh with a specialization in Feminist Political Theory and State Politics. Her research and professional interests lie in public policy, gender justice, and inclusive governance, informed by her experience in student leadership, policy advocacy, and community engagement.

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All views expressed in the article belong solely to the author and not necessarily to the organisation.

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