Menstrual leave in India: Which states offer it and what courts have said | India News | ACTPnews

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Earlier this week, the Kerala High Court directed the state government to decide within three months on a plea seeking paid menstrual leave for women conductors employed by the Kerala State Road Transport Corporation (KSRTC). Around the same time, the Madurai Bench of the Madras High Court asked the Tamil Nadu government to file an interim report on the constitution of a committee and the progress made in framing a comprehensive paid menstrual leave policy for women government employees, along with advisory guidelines for private establishments.

 


Menstrual leave, more commonly known as period leave, allows women to take time off from work or educational institutions when they experience menstrual pain or discomfort. While the demand for such leave has grown over the years, only a handful of Indian states have formally introduced the policy.

 
 


Which states currently offer menstrual leave?

 


Only five states have introduced menstrual leave policies so far, although they differ significantly in terms of eligibility, coverage and the number of leave days permitted.

 


Bihar


Bihar became the first state to introduce menstrual leave in 1992 under the government led by Lalu Prasad Yadav. The policy grants female state government employees two days of paid special leave every month, amounting to 24 days annually. It is available only to women employed by the state government, including teachers, nurses and administrative staff, and does not extend to the private sector.

 


Odisha


Odisha introduced its menstrual leave policy in 2024. Women government employees aged up to 55 years are entitled to one additional casual leave every month, or 12 days annually. The leave can only be availed on the first or second day of the menstrual cycle and cannot be accumulated or carried forward. Although the policy was initially announced for both public and private sectors, it is currently mandatory only for state government employees.

 


Karnataka 


In 2025, Karnataka became the latest state to adopt a menstrual leave policy. It provides one day of paid leave every month, up to 12 days a year, for women employees aged between 18 and 52 years. Unlike most other states, Karnataka’s policy covers both public and private sector establishments, including factories, commercial establishments, plantations, IT companies and government offices. Permanent, contractual and outsourced employees are all eligible, and no medical certificate is required to avail the leave.

 


Kerala


Kerala also introduced menstrual leave policy in 2023, although the benefit is currently restricted to students rather than employees. Female students enrolled in state universities and higher education institutions are eligible for up to three days of menstrual leave every month through a relaxation in the minimum attendance requirement from 75 per cent to 73 per cent. Female trainees in Industrial Training Institutes (ITIs) are also covered under the policy.

 


Sikkim


Sikkim does not have a state-wide menstrual leave policy, but certain institutions have adopted their own provisions. Women employees in the Sikkim High Court Registry are entitled to two to three days of menstrual leave every month after obtaining a recommendation from the court’s medical officer, and the leave is not deducted from their regular leave balance. Sikkim University separately allows female students one day of menstrual leave every month, with attendance counted towards the mandatory 75 per cent attendance requirement, excluding examination periods.

 


Does India have a national menstrual leave law?

 


India does not have a central law mandating menstrual leave for women employees or students. However, the issue has repeatedly been raised in Parliament through Private Members’ Bills, none of which has been enacted so far.

 


The latest proposal is the Menstrual Leave and Hygiene Bill, 2024, introduced by Lok Janshakti Party (Ram Vilas) MP Shambhavi. The Bill seeks to provide paid menstrual leave for working women and students while guaranteeing free access to menstrual hygiene products and related facilities. It is currently pending before Parliament.

 


Earlier attempts include the Menstruation Benefits Bill, introduced by Arunachal Pradesh MP Ninong Ering in 2017 and reintroduced in 2022, which proposed paid menstrual leave and workplace facilities for menstruating women. In 2018, Congress MP Shashi Tharoor introduced the Women’s Sexual, Reproductive and Menstrual Rights Bill, which sought a broader framework for menstrual health, including free sanitary pads in public institutions. Congress MP Hibi Eden also introduced the Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill in 2022.

 


What has the Supreme Court said on menstrual leave?

 


In March this year, the Supreme Court declined to entertain a public interest litigation seeking a nationwide menstrual leave policy for women students and employees. A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi observed that making menstrual leave mandatory could unintentionally reinforce gender stereotypes and discourage employers from hiring women.

 


At the same time, the court said the competent authority could examine the issue after consulting all relevant stakeholders and consider framing an appropriate policy.

 


Which companies have introduced menstrual leave in India?

 


With no central law in place, menstrual leave in the corporate sector remains voluntary. Even so, several companies have rolled out their own policies.

 


In 2025, RPG Group introduced a two-day-a-month period leave policy for employees at its tyre subsidiary Ceat. Engineering major Larsen & Toubro (L&T) also rolled out a one-day monthly menstrual leave policy, while food delivery platforms Zomato and Swiggy have adopted similar initiatives. Zomato currently allows employees to avail up to 10 days of period leave annually.

 


How do menstrual leave policies compare globally?

 


Several countries have legally recognised menstrual leave, although the benefits and implementation vary widely.

 


Japan was among the first countries to introduce menstrual leave, recognising it as a legal right in 1947 under Article 68 of the Labour Standards Law. Women experiencing severe menstrual discomfort can seek leave, although employers are not legally required to pay wages during this period.

 


Indonesia has recognised menstrual leave since 1948, with the provision reaffirmed under the Labour Act, 2003. Women are entitled to two days of leave during the first two days of their menstrual cycle, although implementation varies across employers.

 


South Korea’s Labour Standards Act entitles female employees to one day of menstrual leave every month. Employees who choose not to avail the leave are entitled to additional financial compensation for the unused day. Vietnam’s labour law provides women with a 30-minute paid break each day during menstruation and at least three days of paid menstrual leave every month. The time is counted as working hours, ensuring employees receive their full salary.

 


Spain became the first European country to introduce paid menstrual leave in 2023. Women experiencing incapacitating menstrual pain can avail three to five days of paid medical leave funded by the country’s social security system rather than employers, although a medical certificate is mandatory to access the benefit.

 


Apart from these countries, Taiwan and Zambia also have their own menstrual leave policies.

 



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