Chief Justice Surya Kant said on Friday that mandatory menstrual leave for women could “adversely impact” their employment prospects. During a Supreme Court hearing, he argued that employers might hesitate to hire women if such a law is implemented, warning that “they will not hire women if we make such a law.”
The observations were made as the court heard a petition by lawyer Shailendra Mani Tripathi, who is seeking directions for states to frame rules for paid menstrual leave. The Chief Justice further suggested that such a mandate could create a “psychological fear or impression” among working women that they are perceived as “less” than men. While acknowledging the importance of sensitisation, he cautioned the petitioner about the practical mindset of employers in the current job market.
Here are the countries that grant menstrual leave to women:
Japan (1947)
One of the first to introduce “Seiri Kyuka.” It is a legal right, but companies get to decide if the leave is paid or unpaid.
Indonesia (1948)
Women are entitled to two days of paid leave per month.
South Korea (2001)
Women get one day off per month. Interestingly, if they do not use the leave, their company pays them extra compensation.
Zambia (2015)
Known locally as “Mother’s Day,” Zambian law allows women to take one day off per month without providing any prior notice.
Taiwan
Under the Gender Equality in Employment Act, women can take three days of period leave per year, typically at half-pay.
Vietnam
Working women can choose between a 30-minute daily break or a three-day vacation during their cycle.
Spain (2023)
The first European country to pass such a law. It allows three to five days off for severe pain, with the government covering the cost to prevent a hiring bias against women.
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