Menstrual leave policy in Indian states and other countries

• The Supreme Court dismissed a public interest litigation (PIL) seeking a nationwide policy providing menstrual leave for women students and workers. 

Why the SC dismissed the PIL?

• A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said it would be excellent if private companies granted these leaves voluntarily. 

• The bench pointed out that making menstrual leave compulsory would hurt women’s careers.

• It observed that no one would give women jobs in such a scenario and that such a provision would unintentionally reinforce gender stereotypes. 

• It also highlighted the potential impact of such measures on workplace perceptions and the professional growth of women.

• The PIL was filed by Shailendra Mani Tripathi.

• There has been a strong push for women to be entitled to paid leave during their periods.

State level policies for menstrual leave

Records show that a girls school in Kerala granted students with menstrual leave in 1912. The Government Girls School in Tripunithura, located in the erstwhile princely state of Cochin (present Ernakulam district), had allowed students to take ‘period leave’ during the time of their annual examination and permitted them to write it later.

While there’s no central law on menstrual leave, several Indian states have their own provisions.

1) Bihar

Bihar has been providing two-day menstrual leave since 1992 to government employees, including contract workers. The Bihar Vikas Mission, in their human resource manual has mentioned about ‘special leaves’ for women employees (contractual) irrespective of their location. They are granted two days’ leave every month, which would lapse if not availed in a particular month.

2) Kerala

The Kerala government has introduced menstrual leave for female trainees in Industrial Training Institutes (ITI) as well as universities. In 2023, a government order was issued as per which attendance policy for female students at universities was revised to 73 per cent so as to include menstrual leave, along with a maximum of 60 days of maternity leave for female students above the age of 18. 

3) Odisha

The Finance Department of the Odisha government through an office memorandum mentions additional casual leaves in favour of women government employees. This was extended up to 10 days in a calendar year and, over and above the existing 10 days of casual leave and five days of special casual leave.

4) Karnataka

Karnataka introduced a menstrual leave policy covering both government and private sector employees, following an expert committee’s recommendation. After the approval of Cabinet in October 2025, the government order issued by the Department of Labour and Employment in November 2025 ensures one day paid menstrual leave per month, totalling 12 days annually for women across all employment sectors in permanent, contract or outsourced workforce. However, the policy was challenged in the High Court and the verdict is awaited.

5) High Court of Sikkim

The High Court of Sikkim grants 2-3 days menstrual leave in a month to the women employees of the Registry, provided they approach the Medical Officer attached to the High Court first and obtain the latter’s recommendation for such leave. The leave account will not be debited on availing such leaves.

Menstrual leave policy in other countries

Menstrual leave as a legal institution began in the twentieth century in different parts of the world.

1) Japan

Legal-level protection has been guaranteed for menstruating women since 1947. Article 68 of the Labour Standards Act requires the employer to allow a woman employee to avail leave during the menstrual cycle, as and when requested. This policy is known as ‘Seiri Kyuka’. As per the data from the Japanese Ministry of Labour for 2020, about 30 per cent of companies voluntarily provide full or partial pay for employees who take menstrual leave.

2) Indonesia

Under Article 81 of Indonesia’s Manpower Law, female workers who experience discomfort and pain during menstruation are expected to inform their employer and are not obligated to report to work on the first two days of their menstrual cycle. The law further stipulates that the implementation of this provision must be regulated through a work agreement, company regulation, or collective labour agreement.

3) South Korea

The entitlement to one day of “physiological leave” per month for female employees is grounded in the Labour Standards Act which provides one day of paid menstrual leave to women employees in the workplace every month. The scheme was originally introduced in 1953 as a paid leave for women workers under the policy of “protecting mothers”, and was revised in 2007. While the statute allows fines or criminal sanctions for employers who deny the leave, actual usage is low and surveys indicate utilisation rates to have fallen under 20 per cent among eligible women, likely due to stigma, lack of awareness and the unpaid nature of the leave.

4) Taiwan

Female employees are entitled to three days leave in a year (with a cap of one leave in a month). Any leave exceeding such three special leaves will be deducted from their available sick leaves. 

5) Zambia

Since 2015, female employees have been given one day’s leave every month without having to produce a medical certificate or give reason to the employer. The law calls it ‘Mother’s Day’, but it applies to every working woman and it is commonly understood that this leave is to be availed during menstruation.

6) Spain

In June 2023, Spain became the first European nation to introduce the concept of menstrual leaves. The female employees with a diagnosed menstrual condition can take menstrual leave. Spain follows a social security approach, whereby the costs of menstrual leave are covered by the social security system instead of employers.

Additional Read:

Menstrual health is fundamental right, rules SC

The Supreme Court declared the right to dignified menstrual health as part of the right to life and education under the Constitution in a judgment on January 30. The apex court directed all states and Union Territories to provide free oxo-biodegradable sanitary napkins to girl students and functional, gender-segregated toilets for all the students.