Menstrual Leave: SC Directs Govt to Frame Model Policy; List of Companies Already Offering Paid Period Leave

Menstrual Leave for Women: The Supreme Court on Monday directed the central government to frame a model policy on menstrual leave for women employees by holding consultations with states and other stakeholders.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the issue related to policy and was not an issue for the courts to look into.

The bench also permitted lawyer Rakesh Khanna, appearing for petitioner and lawyer Shailendra Tripathi, to move the secretary of the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati.

“We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” it ordered.

The court made it clear that the consultation process of the Centre will not come in the way of states if they take any steps in this regard.

Companies That Already Offer Menstrual Leave

Several companies in India have implemented menstrual leave policies to support their female employees. Some of the notable companies are:

Zomato: Offers up to 10 days of paid period leave annually for female and transgender employees to help reduce menstrual stigma.

Byju’s: Provides menstrual leave to support female employees.

Swiggy: Recently introduced a similar policy to ensure a more inclusive work environment.

Magzter: A digital magazine platform offering paid period leave.

Orient Electric: Recently introduced menstrual leave to combat stigma and create an inclusive environment.

Culture Machine: Allows female employees to take a day off on the first day of their period.

Gozoop Online Pvt Ltd: A digital media company offering paid leave on the first day of menstruation and a work-from-home option.

iVIPANAN: A digital marketing company providing 12 days of period leave per year.

IndustryARC: Allows women to take a day or two off but requires them to compensate for the leave later.

Wet and Dry Personal Care: Provides two days off each month based on medical recommendations.

What Supreme Court Said

Moreover, such a decision from a court on granting such leave to women may prove to be counterproductive and “detrimental” to the cause as employers may avoid employing them.

How will the leave encourage more women to be part of the workforce, the court asked the petitioner and said mandating such leave will lead to women “being shunned from the workforce”. “…we do not want that,” the bench said “This is actually a government policy aspect and not for the courts to look into,” it said.

“Petitioner says that a representation was submitted to the Centre in May 2023. Since the issues raise multifarious objectives of state policy, there is no reason for this court to intervene in light of our previous order,” it said.

The top court had earlier disposed of a plea seeking menstrual pain leave for women students and working women across the country.

It had then said that since the issue falls under the policy domain, a representation can be made to the Centre. The senior lawyer said that till date no decision has been taken by the Centre.

(With Inputs from PTI)