Advanced International Journal of Multidisciplinary Research

E-ISSN: 2584-0487 •   Impact Factor: 9.11

An Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

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Paid Menstrual Leave Policies: Comparative Legal Perspectives and the Need for Statutory Recognition in India

Author(s) Shraddha Chouhan
Country India
Abstract The discourse on gender-sensitive labour rights has increasingly recognized menstruation as a legitimate ground for workplace accommodation, leading several jurisdictions to introduce paid menstrual leave policies. This paper critically examines the legal frameworks governing menstrual leave in select countries such as Japan, Indonesia, South Korea, Spain, and Zambia, highlighting their scope, implementation mechanisms, and socio-legal impact. Through a comparative analysis, the study evaluates whether such policies advance substantive equality or inadvertently reinforce gender stereotypes within the workforce. In contrast, India lacks a comprehensive statutory framework recognizing menstrual leave, with only fragmented private sector initiatives and pending legislative proposals such as the Menstruation Benefit Bill failing to materialize into law. The paper identifies key lacunae in Indian labour jurisprudence, including the absence of explicit recognition of menstrual health as a workplace concern and the over-reliance on general welfare provisions. It further argues that the incorporation of paid menstrual leave within Indian labour law is essential to achieving constitutional goals of equality, dignity, and health under Articles 14, 15, and 21. The study concludes by recommending a balanced, rights-based legislative model that ensures inclusivity, prevents discrimination, and aligns with international best practices.
Keywords Menstrual Leave, Labour Law, Gender Equality, Comparative Law, Workplace Rights.
Discipline Other
Published In Volume 4, Issue 2, March-April 2026
Published On 2026-03-23
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