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THE IMPACT OF MENSTRUAL LEAVE ON WOMEN'S EMPLOYMENT


OPPORTUNITIES: A COMPREHENSIVE ANALYSIS

Article · August 2023

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Journal on Vulnerable Community Development Published by

Volume I and Issue I of 2023 Institute of Legal Education

APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

THE IMPACT OF MENSTRUAL LEAVE ON WOMEN'S EMPLOYMENT OPPORTUNITIES:


A COMPREHENSIVE ANALYSIS
AUTHOR - BHAGYAMMA G, ASSISTANT PROFESSOR AT SARADA VILAS LAW COLLEGE, MYSORE, KARNATAKA,
INDIA

BEST CITATION - BHAGYAMMA G, THE IMPACT OF MENSTRUAL LEAVE ON WOMEN'S EMPLOYMENT


OPPORTUNITIES: A COMPREHENSIVE ANALYSIS, JOURNAL ON VULNERABLE COMMUNITY DEVELOPMENT, 1 (1)
of 2023, Pg. 178-191, APIS – 3920 – 0020 | ISSN – 2583 – 8067.

Abstract

This comprehensive analysis delves into the multifaceted effects of menstrual leave on women's
employment opportunities. The influence of menstrual leave on female workforce participation is
intricate, shaped by diverse factors encompassing cultural norms, societal perceptions, and legal
frameworks within distinct geographical contexts. Menstrual leave, denoting the provision of paid
time off for women during their menstrual cycles, has elicited fervent discourse. Advocates contend
that it holds the potential to enhance women's physical and emotional health, diminish the societal
taboos surrounding menstruation, and advance strides toward gender parity. Nevertheless, this study
also scrutinizes apprehensions and potential repercussions associated with the implementation of
such policies. By conducting a meticulous analysis, this paper sheds light on the nuanced interplay
between menstrual leave and women's employment trajectories, offering valuable insights for
policymakers, employers, and advocates of gender equality.

Keywords: Menstrual Leave, Women's Employment, Cultural Contexts, Societal Perceptions, Gender
Equality and Potential Consequences

INTRODUCTION professional responsibilities during the course of


their menstrual cycles.249
The ramifications of implementing menstrual
leave policies on women's employment Advocates and proponents of menstrual leave
experiences are far from uniform, exhibiting policies assert a range of potential benefits that
considerable variability contingent upon a could emanate from their adoption. Foremost
multitude of factors.248 These factors among these assertions is the contention that
encompass the intricate interplay of cultural such policies can substantively contribute to
norms, prevailing societal attitudes, and the the overall well-being of women in the
legal frameworks that define the operational workforce. By acknowledging the unique
landscape of a specific geographical region. physiological challenges and discomfort that
Menstrual leave, as a policy concept, entails accompany menstruation, employers
affording women the opportunity to avail demonstrate an awareness and support that
themselves of paid time off from their can ultimately foster a healthier and more
satisfied female workforce.250

249 Sayed Qudrat Hashimy, ‘Legal Paradigm of Menstrual Paid Leaves Policy
in India: A Jurisprudential Discourse’ (2023) 1 Trinity Law Review.
248Bhaghamma G and Prof (Dr ) Ramesh, ‘Addressing Menstrual Stigma: 250 Aashraya Seth, ‘An Argument for Menstrual Leave in India’ The Times of

The Case for Implementing Menstrual Leave as a Legal Provision in India’ India <https://timesofindia.indiatimes.com/blogs/nonpartisan-
(19 May 2023) <https://papers.ssrn.com/abstract=4453458> accessed 17 perspectives/an-argument-for-menstrual-leave-in-india/> accessed 17 August
August 2023. 2023.

178 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

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APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

In spirit, the discourse around menstrual leave


underscores the intricate balance that must be
Moreover, proponents posit that menstrual
struck between advocating for women's well-
leave initiatives possess the power to erode the
being, challenging societal norms, and
persisting social stigma surrounding
considering the potential consequences of such
menstruation. By formalizing time off during this
policy changes. By evaluating these
natural biological process, society at large is
multifaceted dynamics in diverse cultural,
prompted to reconsider outdated taboos and
societal, and legal contexts, stakeholders can
misconceptions, potentially leading to a more
better navigate the complexities surrounding
open and empathetic discourse about women's
menstrual leave and its implications for
health.
women's employment opportunities.
A fundamental aspiration tied to menstrual
POSITIVE IMPACT
leave is the pursuit of gender equality within the
professional sphere.251 By acknowledging and Health and Well-being
accommodating the biological differences that
Menstrual leave can provide women with the
women encounter, this policy framework aims
opportunity to manage their physical and
to dismantle the existing gender biases and
emotional discomfort associated with
inequities that can be exacerbated by uniform
menstruation. This can lead to improved overall
leave structures. The notion here is that tailored
well-being and productivity.253 Menstrual leave
leave options can mitigate instances where
encompasses a range of benefits that
women are disproportionately affected by the
significantly impact the health and well-being
lack of flexibility in conventional leave policies,
of women in the workplace. Firstly, it addresses
thus promoting a more level playing field.
the physical comfort aspect. Menstrual periods
However, amidst these potential benefits lie often bring about various physical symptoms,
apprehensions and complex considerations such as abdominal cramps, back pain,
that warrant careful contemplation. One of the headaches, fatigue, and bloating, which can
primary concerns revolves around the vary in intensity and duration for different
perception that offering menstrual leave might individuals.254 By offering the option of
inadvertently reinforce gender-based menstrual leave, women are empowered to rest
stereotypes. Critics argue that such policies and recover during these times, effectively
might unintentionally perpetuate the notion alleviating discomfort and pain. This
that women are more emotionally or physically opportunity for rest not only reduces physical
vulnerable during their menstrual cycles, stress but also allows their bodies to heal and
potentially leading to biases in hiring, rejuvenate.
promotions, or work assignments.
Secondly, the emotional well-being of women is
Additionally, there are economic and logistical acknowledged through menstrual leave.
implications to address. Employers may grapple Hormonal fluctuations during menstruation can
with the operational challenges of managing lead to mood swings, irritability, and even
varying leave schedules while maintaining feelings of sadness or anxiety for some.
workforce productivity. 252
Balancing the needs Recognizing the emotional toll these
of both employees and the business itself fluctuations can have, menstrual leave provides
requires a delicate equilibrium.
253 ‘Should Corporations Embrace Paid Menstrual Leave?’
<https://www.adeccogroup.com/future-of-work/latest-insights/should-
251 Sayed Qudrat Hashimy, ‘Menstrual Leave Dissent and Stigma Labelling: A corporations-embrace-paid-menstrual-leave/,
Comparative Legal Discourse’ (14 December 2022) https://www.adeccogroup.com/future-of-work/latest-insights/should-
<https://papers.ssrn.com/abstract=4308596> accessed 17 August 2023. corporations-embrace-paid-menstrual-leave/> accessed 17 August 2023.
252 Niloufar Fallah Shayan and others, ‘Sustainable Development Goals 254 Sayed Qudrat Hashimy, ‘Menstrual Leave Dissent and Stigma Labelling: A

(SDGs) as a Framework for Corporate Social Responsibility (CSR)’ (2022) 14 Comparative Legal Discourse’ (2022) 5 Issue 6 Int’l JL Mgmt. & Human.
Sustainability 1222. 1270.

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APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

a chance to prioritize mental health. This, in turn, women's holistic well-being, encompassing
promotes better emotional regulation and an both physical and emotional dimensions. By
overall improved sense of well-being. affording women the space to manage their
health during menstruation, employers actively
Furthermore, the impact of menstrual leave
contribute to fostering healthier, happier, and
extends to improved productivity. Women
more productive employees. This approach, in
facing physical discomfort and emotional stress
turn, establishes a workforce that feels valued
due to menstruation often find their ability to
and supported, ultimately leading to improved
focus and perform optimally compromised. By
organizational performance.
instituting menstrual leave, employers
showcase their understanding of these Reducing Stigma
challenges and provide a solution that allows
Offering menstrual leave can help normalize
women to take time off when they need it
conversations around menstruation, reduce
most.255 As a result, women return to work
stigma, and create a more inclusive workplace
feeling refreshed both physically and mentally,
culture. Introducing menstrual leave in the
leading to increased productivity and
workplace holds the potential to initiate a
enhanced job performance.
transformative and positive change by
Paradoxically, menstrual leave can also dismantling the stigma associated with
contribute to reduced absenteeism. By granting menstruation. This endeavor of normalizing
women the flexibility to take time off during their conversations surrounding menstruation and
periods, they are more likely to plan their nurturing inclusivity is poised to fashion a
schedules around these days, ensuring their workplace that is more empathetic and
presence and productivity during the rest of the understanding.256
month. This pattern fosters a more predictable
Historically, menstruation has remained a
and consistent work attendance.
subject shrouded in taboos, rendering
In addition to these advantages, menstrual discussions around it uncomfortable or
leave cultivates employee loyalty and inappropriate. By boldly acknowledging the
satisfaction. Prioritizing the well-being of female necessity of menstrual leave, organizations
staff through benefits like menstrual leave convey the message that menstruation is a
fosters a sense of loyalty and contentment. This natural and biological phenomenon. This
positive sentiment strengthens the bond normalization endeavor facilitates candid and
between employees and their organizations, open dialogues among employees, dismantling
ultimately improving employee retention rates. the walls of discomfort and ignorance that have
long surrounded this topic.257
Beyond individual benefits, implementing
menstrual leave fosters a positive workplace Implementing menstrual leave necessitates an
culture. This step sends a message that the educational aspect, aiming to enlighten
organization values diversity, inclusivity, and the employees and management about its
unique needs of women. Consequently, a more objectives and benefits. 258
This educational
supportive and empathetic workplace culture campaign serves to dispel myths,
emerges, wherein employees feel genuinely misconceptions, and negative perceptions
understood and cared for. encircling menstruation. As employees gain

Therefore, menstrual leave's impact transcends


256 Hashimy, ‘Menstrual Leave Dissent and Stigma Labelling’ (n 7).
alleviating physical discomfort; it recognizes 257 Sruthi Darbhamulla, ‘Explained | Menstrual Leave and Its Global
Standing’ The Hindu (27 February 2023)
<https://www.thehindu.com/news/national/explained-menstrual-leave-and-
Sayed Qudrat Hashimy, ‘Menstrual Leave Dissent and Stigma Labelling: A
255 its-global-standing/article66554246.ece> accessed 17 August 2023.
Comparative Legal Discourse’ (2022) 5 International Journal of Management 258 Sayed Qudrat Hashimy and others, ‘Nurturing Leadership and Capacity

and Humanities 1270. Building for Success: Empowering Growth’ (2023) 3 33.

180 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

Volume I and Issue I of 2023 Institute of Legal Education

APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

insights into the physical and emotional experiences, stress and anxiety levels can be
struggles women confront during their periods, reduced, culminating in better mental and
a sense of empathy and support can emotional health.
organically emerge.259
The impact further extends to productivity and
The offering of menstrual leave carries the performance. A culture that embraces and
power not just to empower women to manage supports women's health needs stands to boost
their health, but also to challenge the productivity and job satisfaction. When women
misconception that menstruation implies are relieved of concerns regarding concealing
vulnerability or inconvenience. Observing their discomfort or confronting discrimination,
colleagues take menstrual leave devoid of their ability to focus on tasks is enhanced,
judgment or discrimination reshapes ultimately translating into elevated job
perceptions, destigmatizing the natural process performance.
and reinforcing the belief that prioritizing health
Gender Equality
and well-being is both acceptable and
essential.260 Menstrual leave acknowledges the unique
biological experiences of women and supports
Central to this transformation is the nurturing of
gender equality by accommodating their
an inclusive workplace culture. When women
needs.
recognize that their biological needs are both
acknowledged and accommodated, they are The introduction of menstrual leave marks a
better positioned to engage confidently in their significant leap forward in the quest for gender
roles. This inclusiveness goes beyond women, equality within workplaces. This proactive
extending its embrace to encompass a broader approach not only recognizes but also validates
comprehension of diverse needs and life the unique biological experiences women
experiences, thus fostering an environment undergo during menstruation. By offering
where all employees bask in a sense of value support through menstrual leave to cater to
and respect.261 these needs, organizations convey a
resounding message that their dedication to
Moreover, the introduction of menstrual leave
gender equality extends beyond theoretical
challenges and reshapes traditional gender
ideals, materializing as tangible support for
norms that have often marginalized women's
women's well-being.263
experiences. Acknowledging the distinctive
challenges women encounter during The acknowledgment of biological diversity
menstruation conveys a clear message that underpins menstrual leave's importance. It
gender equality encompasses recognizing and tangibly recognizes that different genders
addressing these differences.262 inherently possess diverse physiological
processes. This acknowledgment reframes
As the stigma around menstruation dwindles,
gender equality as a celebration of diversity,
the well-being of women is poised to thrive. By
granting women the agency to manage their
providing an environment where women do not
health in ways that resonate with their own
need to conceal or diminish their menstrual
bodily realities.
259 ‘Why We Need A Menstrual Leave Policy In India? | Feminism in India’ In the face of entrenched gender stereotypes,
<https://feminisminindia.com/2023/01/13/why-we-need-a-menstrual-
leave-policy-in-india/> accessed 17 August 2023. menstrual leave becomes a catalyst for
260 Sayed Qudrat Hashimy, ‘Legal Paradigm of Menstrual Paid Leaves Policy

in India: A Jurisprudential Discourse’ (2023) 3 12. change. These norms have historically
261 Rachel Jewkes and others, ‘Hegemonic Masculinity: Combining Theory

and Practice in Gender Interventions’ (2015) 17 Culture, Health & Sexuality


96.
262 Sayed Qudrat Hashimy and Habibullah Ibrahimy, ‘Role of Self-Help 263Jyothsna Latha Belliappa, ‘Menstrual Leave Debate: Opportunity to
Groups in Socio-Economic Development of Women in India’ (2023) 1 Law Address Inclusivity in Indian Organizations’ (2018) 53 Indian Journal of
and Social Policy Review 50. Industrial Relations 604.

181 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

Volume I and Issue I of 2023 Institute of Legal Education

APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

propagated the notion that women's The introduction of menstrual leave is part of a
physiological differences render them less broader canvas of fostering inclusive policies
adept or capable in professional contexts. that cater to the unique needs of all employees.
However, menstrual leave challenges these When organizations actively embrace diverse
stereotypes by demonstrating that women's requirements, they foster an environment where
biological experiences are neither barriers nor every individual feels valued and respected,
disadvantages. Instead, they emerge as irrespective of their gender.
legitimate facets of human existence,
Furthermore, embracing menstrual leave ushers
prompting workplaces to adapt and
in cultural and societal transformation. This
accommodate.
paradigm shift in perceiving menstruation
A cornerstone of gender equality lies in equal contributes to dismantling deeply ingrained
opportunities. Menstrual leave's availability biases and prejudices that have impeded
ensures women aren't disadvantaged due to gender equality for generations.
their biological processes. This counters
Hence, the implementation of menstrual leave
situations where women might feel compelled
symbolizes a proactive stride toward achieving
to mask discomfort to compete on an even keel
gender equality. It underscores organizations'
with male counterparts. Through such
readiness to accommodate the biological
accommodation, organizations level the
realities women experience. This stride aligns
playing field, fostering an equitable and just
harmoniously with the core tenets of inclusivity,
work environment.
empowerment, and recognition of diversity. By
Empowerment takes center stage with cultivating an environment that wholeheartedly
menstrual leave, granting women the choice to upholds women's well-being, organizations lay
prioritize their health without apprehensions of a sturdy foundation for a more equitable future.
career setbacks.264 This empowerment is pivotal This envisions a future where the diverse
in ensuring women's needs aren't sidelined in experiences of all genders are embraced and
the pursuit of professional success, aligning celebrated, signaling the dawn of a new era of
seamlessly with the bedrock principles of gender parity.
gender equality—bestowing women with
Potential Concerns
agency over their bodies and lives.265
REDUCED JOB OPPORTUNITIES
As a testament to dedication to equality,
menstrual leave respects the delicate balance One concern is that employers might hesitate
between work and personal life. Just as family to hire women if they perceive them as taking
and parental leave underscore the significance more frequent leaves, potentially impacting job
of balancing work and familial responsibilities, opportunities. The potential concern regarding
menstrual leave recognizes the importance of diminished job opportunities for women
managing personal health.266 This stemming from the implementation of
comprehensive approach reinforces the menstrual leave warrants careful consideration.
organization's unwavering commitment to While the aim of menstrual leave is to enhance
equality. women's health and well-being, there is a
conceivable risk that employers might
misinterpret it as leading to more frequent
264 Hashimy and Ibrahimy (n 15). absences, thereby influencing their hiring
265 Radhika Santhanam, ‘Should Women Be Entitled to Menstrual Leave?’ The
Hindu (20 August 2020) <https://www.thehindu.com/opinion/op-
decisions. This apprehension underscores the
ed/should-women-be-entitled-to-menstrual-leave/article62107569.ece> intricate balance between acknowledging
accessed 17 August 2023.
266 Habibullah Ibrahimy and others, ‘Role of Self-Help Groups in Socio- women's needs and forestalling unintended
Economic Development of Women in Yaraganahalli Panchayat, Mysore’
(2023) 1 Journal on Vulnerable Community Development 29.

182 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

Volume I and Issue I of 2023 Institute of Legal Education

APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

consequences.267 The worry of Perception of that caters to diverse needs, including health-
Frequent Absences might lead employers to related concerns. This emphasis on inclusivity
fear that providing menstrual leave could and flexibility can help assuage concerns
perpetuate a notion of heightened absenteeism related to hiring women.
among female employees. This concern arises
Balancing the introduction of menstrual leave
from the potential misconception that women
with Comprehensive Benefits is also crucial. By
could exploit this benefit, possibly giving rise to
offering a range of supportive policies, such as
biases during the hiring process.
flexible work arrangements, remote work
In a competitive job market, the impact on options, and comprehensive health and well-
Hiring Decisions could be significant. Employers being programs, organizations ensure that
might hesitate to hire women, particularly for menstrual leave doesn't stand out in isolation as
roles where consistent attendance is a source of apprehension.
paramount. The inferred potential for more
Taking a Monitoring and Appraisal approach is
frequent leaves could evoke doubts about a
proactive. Employers should regularly assess
woman's commitment or her ability to fulfill
the implementation of menstrual leave and its
responsibilities effectively.
potential impact on hiring decisions. Periodic
Uneven Distribution of Work is another potential evaluations can facilitate prompt responses to
challenge. Employers, concerned about unintended consequences, enabling
potential leave frequency, might inadvertently organizations to refine policies as needed.
assign less crucial tasks to women to mitigate
In conclusion, the concern about potentially
disruptions. This could inadvertently lead to an
reduced job opportunities for women due to
imbalanced allocation of work responsibilities,
menstrual leave demands a nuanced
limiting women's avenues for career growth and
perspective. While acknowledging this concern
advancement.
is essential, it's equally vital to ensure that
Stigma and Discrimination might also emerge supportive policies like menstrual leave are
as issues. Some employers, influenced by implemented thoughtfully, without inadvertently
stereotypes, might link menstrual leave with impeding women's career trajectories.
decreased dedication or an assumed inability Transparent communication, educational
to manage work responsibilities adeptly.268 This initiatives, and a comprehensive approach to
perception could inadvertently contribute to employee well-being enable organizations to
discriminatory practices during hiring decisions. uphold gender equality principles while
effectively managing these concerns.
To address these concerns, proactive measures
such as Addressing the Concern are vital. WORKLOAD REDISTRIBUTION
Transparent communication and education are
Colleagues might need to cover for those on
key; employers should clarify the purpose and
menstrual leave, leading to increased workload
scope of menstrual leave, emphasizing that it
for others, and potentially causing resentment.
aims to support women's health without
The potential outcome of workload
compromising their professional commitment.
redistribution due to colleagues stepping in for
Emphasizing Flexibility within organizations is those on menstrual leave introduces a
essential. This entails cultivating a work multifaceted dynamic in the workplace.
environment marked by flexibility and support Although the intent of offering menstrual leave
is to prioritize women's health and well-being,
there's a chance that this reallocation of tasks
267 Sayed Qudrat Hashimy and Habibullah Ibrahimy, ‘Role of Self-Help
Groups through Micro-Finance for Poverty Alleviation’ (2023) 1 Journal of could result in increased workloads for others.
Governance and Policy Review 27.
268 Hashimy, ‘Menstrual Leave Dissent and Stigma Labelling’ (n 8). This scenario could potentially elicit feelings of

183 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

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APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

resentment and strain interpersonal paramount—both the rationale behind


relationships within the team. Striking a balance menstrual leave and the dynamics of workload
between addressing individual needs and redistribution should be openly discussed to
maintaining overall workplace efficiency foster understanding and mutual support.
becomes a pivotal challenge in such
Rotational Approaches can be implemented to
scenarios.269
ensure an equitable distribution of the
The first aspect, Redistribution Impact, revolves additional workload. This strategy ensures that
around the fact that when employees take no single individual consistently bears the brunt
menstrual leave, their colleagues might need to of extra work, thus promoting fairness and team
assume additional responsibilities to ensure cohesion.
work continues as planned. However, this
In cases requiring Temporary Adjustments,
reshuffling can lead to an uneven distribution of
organizations could consider offering
tasks and accountabilities, potentially
temporary resources, training, or assistance to
burdening those covering for absent
help balance the load during these periods of
colleagues.
reallocation.
This potential Workload Imbalance could
Recognizing Extra Efforts plays a vital role in
disrupt the equilibrium within the team.
mitigating feelings of resentment.
Individuals assuming extra tasks may
Acknowledging and appreciating the
experience heightened stress and burnout due
dedication of colleagues covering for absent
to the increased workload, while those on
team members can help foster a positive
menstrual leave might grapple with feelings of
atmosphere of teamwork and mutual
guilt or unease about the ramifications of their
support.270
absence on their peers.
For the long-term, organizations can focus on
Moreover, this situation has the potential to
Addressing Long-Term Solutions. This might
foster Resentment and Frustration among team
entail comprehensive approaches that tackle
members. Those consistently taking on the
both menstrual leave and workload
extra workload might feel undervalued and
redistribution, such as cross-training team
overworked, while those on leave might
members, introducing flexible work
experience guilt for contributing to their
arrangements, or hiring temporary staff during
colleagues' heightened stress. This
peak periods.271
accumulation of negative emotions could over
time erode team cohesion and morale. In conclusion, the potential for workload
redistribution and its accompanying challenges
Communication Challenges are another facet
underscores the importance of a well-
to consider. Miscommunication about the
considered approach to menstrual leave. While
expectations and extent of workload
the goal is to prioritize women's well-being, the
redistribution can exacerbate tensions. If roles
potential impact on team dynamics and
and responsibilities are not clearly defined or if
workloads cannot be overlooked. By fostering
some colleagues feel taken advantage of,
transparent communication, implementing
conflicts can arise.
equitable strategies, and appreciating the
To address the potential challenges, the collective efforts of the team, organizations can
implementation of Mitigating Strategies is
crucial. Transparent communication becomes 270 ‘Enhancing the Effectiveness of Work Groups and Teams - Steve W.J.
Kozlowski, Daniel R. Ilgen, 2006’
<https://journals.sagepub.com/doi/10.1111/j.1529-1006.2006.00030.x>
‘Period Leave: The Need for an Option’
269 accessed 17 August 2023.
<https://www.deccanherald.com/education/period-leave-the-need-for-an- 271 Sayed Qudrat Hashimy, ‘Role of Self-Help Groups in Socio-Economic

option-1233585.html> accessed 17 August 2023. Development of Women in India’ (2023) 1 50.

184 | P a g e Journal Home Page – https://jvcd.iledu.in/


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adeptly navigate these challenges, maintaining stereotypes, fostering an understanding of the


a harmonious and productive work diverse challenges women face.
environment.
To mitigate the prospect of Creating Divisions,
UNINTENDED CONSEQUENCES organizations should prioritize Promoting
Inclusivity and equitable policies. Emphasizing
There might be unintended consequences
that the workplace values the diverse needs of
such as reinforcing stereotypes that women are
all employees, irrespective of gender, can
less capable in the workplace or creating
alleviate concerns and foster a sense of unity
divisions between male and female employees.
among the workforce.
The introduction of menstrual leave in the
workplace, while intended to support women's Balancing the initiative with a Balanced
well-being, carries the potential for unintended Approach to well-being is essential. While
consequences that require careful addressing specific needs like menstrual leave,
consideration. Two prominent concerns arise: organizations should also invest in
the reinforcement of gender stereotypes and comprehensive health and wellness programs
the potential for creating divisions among male catering to all employees. This demonstrates
and female employees. These consequences the organization's commitment to holistic
highlight the nuanced nature of implementing employee well-being, without singling out any
such policies and the importance of navigating particular gender.
them with sensitivity and strategic foresight.
Continuous Evaluation is paramount. Regular
Firstly, the policy might inadvertently contribute assessments of the impact of menstrual leave
to Reinforcing Gender Stereotypes. Offering can identify any unforeseen consequences that
menstrual leave could unintentionally may emerge over time. This ongoing evaluation
perpetuate the idea that women are physically ensures that the policy remains aligned with its
or emotionally less capable in the workplace. intended goals.
This could propagate harmful biases, negatively
The Leadership Role is crucial. Leaders play a
impacting women's career growth and
pivotal part in shaping perceptions and
opportunities, and impeding the recognition of
attitudes within the organization. When
their skills beyond their biological experiences.
leadership actively champions a culture of
Secondly, the implementation could equality and supports initiatives benefiting all
inadvertently lead to Creating Divisions among employees, it sets a positive tone for the entire
the workforce. Some male colleagues might workforce.272
perceive the policy as preferential treatment,
In conclusion, the potential for unintended
fostering feelings of unfairness or resentment.
consequences associated with menstrual leave
Such divisions have the potential to erode team
highlights the complexity of introducing such
cohesion, obstruct collaboration, and
policies. Organizations must carefully address
undermine the inclusive work environment
these concerns, working to counteract gender
organizations aim to foster.
stereotypes and potential divisions while
To address the potential risk of Addressing upholding a balanced approach to employee
Stereotypes, organizations must proactively well-being. Through proactive communication,
communicate the rationale behind menstrual education, inclusivity, and ongoing evaluation,
leave. Clear messaging should underscore that organizations can adeptly navigate these
the policy is about recognizing a legitimate challenges, fostering a workplace culture that
health concern, not about accommodating
perceived weaknesses. Education and Sayed Qudrat Hashimy and others, ‘Nurturing Leadership and Capacity
272

Building for Success: Empowering Growth’ (2023) 3 International Journal of


awareness campaigns can help dispel Rehabilitation and Special Education 1.

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embraces equality and support for all Communication and Education


employees.
Implementing a new leave policy necessitates
ADMINISTRATIVE CHALLENGES clear communication to all employees. They
must comprehend the purpose, eligibility
Managing and tracking menstrual leave can
criteria, and process for availing menstrual
add complexity to HR processes and might be
leave. Effective education minimizes confusion
challenging for smaller companies. The
and fosters consistent application.
implementation of menstrual leave in the
workplace introduces a set of administrative Impact on Workflow
challenges that require thorough consideration.
The management of menstrual leave can
While the intention behind such a policy is to
impact work processes and workflows. HR and
support women's health and well-being, the
management must devise strategies to
complexities of managing and tracking
mitigate potential disruptions, such as
menstrual leave can pose significant hurdles,
redistributing workloads or arranging for
particularly for smaller companies. These
temporary coverage during periods of leave.
challenges underscore the necessity for a well-
structured approach that carefully balances the Resource Allocation
benefits of the policy with the pragmatic
For smaller companies with limited HR
aspects of implementation.
resources, administering menstrual leave could
Tracking and Documentation strain existing capacities. Allocating personnel
and time to manage the logistics of this policy
An immediate challenge lies in accurately
may divert resources from other vital HR
tracking and documenting menstrual leave. HR
functions.
departments must establish clear protocols for
employees to request and report their Alignment with Company Culture
menstrual leave while maintaining precise
Integrating menstrual leave into existing
records of these absences. This may entail
company culture and policies demands careful
adapting systems to log and manage this
alignment. Ensuring that the new policy
specific type of leave.
resonates with the organization's values,
Integration with Existing Policies mission, and goals is pivotal for successful
implementation.
Seamlessly integrating menstrual leave with
current leave policies can be intricate. It's vital Technological Solutions
to ensure that the new policy aligns with other
In larger companies, investing in technological
forms of leave, such as sick leave or vacation
solutions or HR software might streamline
days, and adheres to labor laws and
tracking and management of menstrual leave.
employment regulations.
Smaller companies, however, might face
Privacy and Sensitivity financial constraints in adopting such solutions.

Handling menstrual leave requests with privacy Periodic Evaluation


and sensitivity is paramount. HR must cultivate
Regularly evaluating how menstrual leave
an environment where employees feel at ease
impacts the organization is essential. HR
requesting this leave without apprehension of
departments must gauge the policy's
judgment or discrimination, potentially
effectiveness, its influence on employee well-
necessitating specialized training for HR staff.
being and morale, and any necessary
adjustments.

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Employee Equity empower women to choose when and where


they work, allowing them to optimize their
It is imperative to ensure that the introduction of
productivity during times of heightened focus
menstrual leave doesn't inadvertently lead to
and well-being.
disparities or favoritism. Upholding fairness and
equality among employees, regardless of Remote work, in particular, stands as a potent
gender, remains crucial. mechanism in this paradigm shift. Empowering
women to work from the comfort of their homes
Therefore, while menstrual leave holds the
or preferred locations provides them with a
potential to enhance the work environment for
conducive environment to manage any
women, recognizing the administrative
discomfort or challenges that may arise during
challenges it presents is essential. Striking a
menstruation. This level of autonomy can
balance between its benefits and practical
significantly alleviate stress, reduce the need for
considerations requires meticulous planning,
taking specific menstrual leave, and enhance
transparent communication, and adaptable
overall job satisfaction.
solutions. By addressing these challenges
head-on and ensuring efficient implementation, Additionally, offering flexible hours enables
organizations can cultivate an environment women to align their work responsibilities with
where employee well-being takes precedence their natural energy levels, thus enhancing both
while preserving the efficacy and fairness of productivity and work quality. This approach
their HR processes. acknowledges the reality that productivity is not
uniformly spread across the entire workday and
MITIGATING THE IMPACT
varies based on individual preferences and
Flexible Work Arrangements biological factors. By allowing women to adapt
their schedules according to their own ebbs
Offering flexible work options, such as remote
and flows, organizations can foster an
work or flexible hours, can provide women with
environment that champions efficiency and
more control over their schedules, reducing the
well-being.
need for specific menstrual leave policies. In the
ever-evolving landscape of modern work, the Furthermore, flexible work arrangements
concept of flexible work arrangements has inherently challenge traditional gender roles
emerged as a transformative approach that and stereotypes. By acknowledging that the
not only addresses the diverse needs of workforce is a diverse mix of individuals with
employees but also redefines traditional notions varying responsibilities outside of work,
of productivity and work-life balance. One organizations contribute to the dismantling of
particularly impactful outcome of offering such the gendered expectation that women should
flexible options, such as remote work or flexible primarily handle domestic and caregiving
hours, is the empowerment it brings to women, duties. This shift in perspective is a significant
potentially negating the necessity for specific stride towards achieving true gender equality.
menstrual leave policies.
While flexible work arrangements offer
By providing women with the opportunity to numerous advantages, it's important to note
customize their work schedules to better align that they should not be viewed as a complete
with their menstrual cycles and personal needs, replacement for menstrual leave policies. There
organizations can offer a dynamic solution that will be instances where specific leave for
acknowledges and respects the physical and menstruation is still necessary, particularly for
emotional changes that accompany those who experience severe discomfort or
menstruation. Rather than adhering to rigid 9- health-related issues. The ideal approach
to-5 schedules, flexible work arrangements

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Journal on Vulnerable Community Development Published by

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APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

involves a balance between these initiatives become vital tools in bridging the gap
arrangements and dedicated leave policies. between awareness and acceptance.

Henceforth, the implementation of flexible work Through well-structured educational


arrangements not only empowers women to campaigns, organizations can provide factual
manage their work responsibilities more information about menstruation, dispelling
effectively but also recognizes their unique myths and misconceptions that may surround
needs and challenges. These arrangements it. This knowledge sharing can extend to
can reduce the reliance on specific menstrual explaining the physiological aspects of
leave policies by giving women greater control menstruation, emphasizing the genuine
over their schedules, thereby enhancing overall physical and emotional toll it can take on
job satisfaction, productivity, and work-life individuals. By presenting such information in a
balance. By embracing this progressive clear and non-stigmatizing manner,
approach, organizations contribute to a more organizations can prompt employees to view
inclusive and supportive work environment that menstrual leave as a legitimate need rather
ultimately benefits employees and the than an unnecessary indulgence.
company as a whole.
Moreover, education can highlight the tangible
Education and Sensitization benefits that menstrual leave brings to both
individuals and the organization as a whole. By
Educating employees about the purpose and
acknowledging and addressing the challenges
benefits of menstrual leave can help reduce
of menstruation, organizations demonstrate
negative perceptions and encourage
their commitment to employee well-being,
understanding among colleagues. In the
fostering loyalty and job satisfaction.
ongoing pursuit of creating inclusive and
Additionally, when employees are aware of the
empathetic workplaces, the role of education
existence of menstrual leave, it helps eliminate
and sensitization emerges as a powerful
potential misunderstandings or negative
catalyst for transformation. This holds
assumptions about colleagues who may need
particularly true in the context of menstrual
this type of leave. This newfound understanding
leave, a topic that has the potential to foster
can promote a culture of support, compassion,
understanding and support among colleagues
and open communication.
while challenging longstanding taboos and
misconceptions. By dedicating efforts to Sensitization efforts can extend beyond
educate employees about the purpose and informative sessions to include workshops and
benefits of menstrual leave, organizations can discussions that create safe spaces for
actively contribute to reducing negative dialogue. These forums provide employees with
perceptions, cultivating empathy, and opportunities to share their perspectives,
ultimately fostering a more supportive and experiences, and concerns related to menstrual
harmonious work environment. leave, contributing to a more empathetic and
harmonious workplace culture. Such open
Menstrual leave, as an essential component of
conversations can also serve as a basis for
comprehensive leave policies, serves not only
cultivating an environment where all forms of
as a means to address physical discomfort but
diversity and unique needs are acknowledged
also as a platform to acknowledge and respect
and respected.
the unique challenges faced by those who
menstruate. However, its implementation can Therefore, education and sensitization are
sometimes be met with skepticism, ignorance, pivotal in fostering an environment of
or even resistance due to cultural or societal understanding and empathy when it comes to
norms. To counter these reactions, educational menstrual leave. By providing accurate

188 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

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APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

information, dispelling myths, and highlighting are manifold. Firstly, organizations stand to
the genuine benefits, organizations can benefit from the expertise and competence that
effectively diminish negative perceptions and each individual brings to the table. This
resistance. This proactive approach not only approach fosters a workplace culture that
nurtures a supportive work atmosphere but also values and rewards hard work, innovation, and
plays a crucial role in challenging societal dedication, thereby propelling the organization
norms and taboos, contributing to a more towards its goals with a highly skilled and
progressive and inclusive society overall. motivated workforce.
Through these efforts, organizations can take
Secondly, the practice of unbiased hiring
meaningful strides toward creating workplaces
cultivates an environment of trust and
where every individual's needs are recognized,
camaraderie among employees. When team
respected, and valued.
members are aware that their colleagues were
Equal Opportunities selected based on their abilities rather than
their gender, it erases any lingering doubts
It's important for employers to ensure that
about preferential treatment or bias. This paves
hiring decisions are based on skills,
the way for a collaborative and harmonious
qualifications, and experience rather than
workspace where diverse viewpoints are
gender-related considerations. In the dynamic
embraced and respected, leading to more
landscape of today's professional world, the
creative problem-solving and a vibrant
concept of equal opportunities takes center
exchange of ideas.
stage as a fundamental pillar of ethical and
progressive employment practices. At its core, Moreover, adhering to skills-based hiring
equal opportunities encapsulate the principle bolsters an organization's reputation as a
that every individual, regardless of gender or forward-thinking and socially responsible entity.
any other characteristic, should have an equal Such a reputation not only attracts top talent
chance to succeed and thrive within the but also appeals to a broader audience,
workplace. One of the most crucial facets of including clients, customers, and investors, who
upholding this principle lies in the realm of increasingly seek to align themselves with
hiring decisions, where the focus should companies that uphold strong ethical
unequivocally be on skills, qualifications, and standards and values.
experience rather than any form of gender-
Balanced Leave Policies
related considerations.
Ensuring that menstrual leave is part of a
Employers, as custodians of their organization's
broader set of leave policies, including sick
values and culture, play a pivotal role in
leave and family leave, can help prevent
shaping a diverse and inclusive workforce. By
discrimination and stigmatization. In the
strictly adhering to a hiring philosophy
ongoing pursuit of fostering inclusivity and
grounded in meritocracy, employers not only
equality within the workplace, the establishment
uphold the principles of fairness and non-
of balanced leave policies stands as a
discrimination, but they also tap into a talent
paramount initiative. One integral aspect of this
pool that is rich in skills and perspectives. This
endeavor is the incorporation of menstrual
commitment to merit-based hiring sends a
leave as an essential component of a
resounding message that a person's gender
comprehensive set of leave policies. By
should never serve as a determining factor in
encompassing menstrual leave within a
their employability or advancement prospects.
broader spectrum that includes sick leave and
When hiring decisions are based on skills, family leave, organizations can not only uphold
qualifications, and experience, the outcomes the principles of non-discrimination and

189 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

Volume I and Issue I of 2023 Institute of Legal Education

APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

equality but also contribute significantly to the realities of the workplace. Additionally, fostering
overall well-being and productivity of their a workplace culture that values diversity,
workforce. inclusivity, and gender equality can help create
an environment where all employees feel
The inclusion of menstrual leave within a
supported and empowered.
comprehensive leave framework is a testament
to a company's commitment to recognizing REFERENCES
and addressing the diverse needs of its
1. Belliappa JL, ‘Menstrual Leave Debate:
employees. Such a policy acknowledges the
Opportunity to Address Inclusivity in
unique challenges that individuals who
Indian Organizations’ (2018) 53 Indian
menstruate face on a regular basis, often
Journal of Industrial Relations 604
encompassing not only physical discomfort but
also emotional and psychological aspects. This 2. Darbhamulla S, ‘Explained | Menstrual
acknowledgement through a specific form of Leave and Its Global Standing’ The Hindu
leave underscores the importance of prioritizing (27 February 2023)
employee health and empowerment, which in <https://www.thehindu.com/news/natio
turn boosts morale and employee loyalty. nal/explained-menstrual-leave-and-
its-global-
Furthermore, the integration of menstrual leave
standing/article66554246.ece>
alongside sick leave and family leave serves to
accessed 17 August 2023
eliminate the potential for discrimination and
stigmatization. By treating menstrual leave as 3. ‘Enhancing the Effectiveness of Work
just another facet of the broader leave policy, Groups and Teams - Steve W.J.
organizations can quell any misconceptions or Kozlowski, Daniel R. Ilgen, 2006’
biases that may arise from singling out this <https://journals.sagepub.com/doi/10.1111
specific type of leave. This uniform approach /j.1529-1006.2006.00030.x> accessed 17
reaffirms the organization's commitment to August 2023
treating all employees equitably, irrespective of
4. Fallah Shayan N and others, ‘Sustainable
gender or biological differences.
Development Goals (SDGs) as a
From a larger societal perspective, balanced Framework for Corporate Social
leave policies set a progressive precedent that Responsibility (CSR)’ (2022) 14
can inspire other institutions to follow suit. By Sustainability 1222
leading the charge in recognizing the
5. G B and Ramesh P (Dr ), ‘Addressing
importance of menstrual well-being and
Menstrual Stigma: The Case for
weaving it into a holistic leave structure,
Implementing Menstrual Leave as a
companies can actively challenge the age-old
Legal Provision in India’ (19 May 2023)
taboos surrounding menstruation. In doing so,
<https://papers.ssrn.com/abstract=4453
they play a pivotal role in reshaping cultural
458> accessed 17 August 2023
attitudes, moving towards a more enlightened
and inclusive understanding of human needs 6. Hashimy SQ, ‘Menstrual Leave Dissent
and rights. and Stigma Labelling: A Comparative
Legal Discourse’ (2022) 5 Issue 6 Int’l JL
In conclusion, the impact of menstrual leave on
Mgmt. & Human. 1270
women's employment is complex and depends
on various factors. To minimize potential 7. ——, ‘Menstrual Leave Dissent and
negative effects, it's essential to implement Stigma Labelling: A Comparative Legal
well-thought-out policies that balance the Discourse’ (14 December 2022)
needs of employees with the operational

190 | P a g e Journal Home Page – https://jvcd.iledu.in/


Journal on Vulnerable Community Development Published by

Volume I and Issue I of 2023 Institute of Legal Education

APIS – 3920 – 0020 | ISSN – 2583 – 8067 https://iledu.in

<https://papers.ssrn.com/abstract=4308 tion/period-leave-the-need-for-an-
596> accessed 17 August 2023 option-1233585.html> accessed 17
August 2023
8. ——, ‘Menstrual Leave Dissent and
Stigma Labelling: A Comparative Legal 19. Santhanam R, ‘Should Women Be Entitled
Discourse’ (2022) 5 International Journal to Menstrual Leave?’ The Hindu (20
of Management and Humanities 1270 August 2020)
<https://www.thehindu.com/opinion/op-
9. ——, ‘Legal Paradigm of Menstrual Paid
ed/should-women-be-entitled-to-
Leaves Policy in India: A Jurisprudential
menstrual-leave/article62107569.ece>
Discourse’ (2023) 1 Trinity Law Review
accessed 17 August 2023
10. ——, ‘Legal Paradigm of Menstrual Paid
20. Seth A, ‘An Argument for Menstrual Leave
Leaves Policy in India: A Jurisprudential
in India’ The Times of India
Discourse’ (2023) 3 12
<https://timesofindia.indiatimes.com/blo
11. ——, ‘Role of Self-Help Groups in Socio- gs/nonpartisan-perspectives/an-
Economic Development of Women in argument-for-menstrual-leave-in-
India’ (2023) 1 50 india/> accessed 17 August 2023

12. ——, ‘Nurturing Leadership and Capacity 21. ‘Should Corporations Embrace Paid
Building for Success: Empowering Menstrual Leave?’
Growth’ (2023) 3 International Journal of <https://www.adeccogroup.com/future-
Rehabilitation and Special Education 1 of-work/latest-insights/should-
corporations-embrace-paid-
13. ——, ‘Nurturing Leadership and Capacity
menstrual-leave/,
Building for Success: Empowering
https://www.adeccogroup.com/future-
Growth’ (2023) 3 33
of-work/latest-insights/should-
14. Hashimy SQ and Ibrahimy H, ‘Role of corporations-embrace-paid-
Self-Help Groups in Socio-Economic menstrual-leave/> accessed 17 August
Development of Women in India’ (2023) 1 2023
Law and Social Policy Review 50
22. ‘Why We Need A Menstrual Leave Policy
15. ——, ‘Role of Self-Help Groups through In India? | Feminism in India’
Micro-Finance for Poverty Alleviation’ <https://feminisminindia.com/2023/01/13
(2023) 1 Journal of Governance and /why-we-need-a-menstrual-leave-
Policy Review 27 policy-in-india/> accessed 17 August
2023
16. Ibrahimy H and others, ‘Role of Self-Help
Groups in Socio-Economic Development
of Women in Yaraganahalli Panchayat,
Mysore’ (2023) 1 Journal on Vulnerable
Community Development 29

17. Jewkes R and others, ‘Hegemonic


Masculinity: Combining Theory and
Practice in Gender Interventions’ (2015)
17 Culture, Health & Sexuality 96

18. ‘Period Leave: The Need for an Option’


<https://www.deccanherald.com/educa

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