List Of Countries Where Women Can Take Paid Leaves For Menstrual Pain

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On Friday, 24 February, the top court of India, Supreme Court will be seeking direction to all states to frame rules or menstrual leaves for female students and working women at their respective workplaces and comply with section 14 of the Maternity Benefit Act 1961. The bench, headed by Chief Justice DY Chandrachud posted the matter for Friday after advocate Shailendra Mani Tripathi mentioned the plea for the urgent listing and requested an early hearing of it.

The petition was filed on 10 January and it makes provisions for almost all the problems faced by women related to maternity. As per the provisions of the Act, it will be mandatory for the employers to grant paid leave to its women employees for a certain number of days during their pregnancy, in case of miscarriage, for undergoing a tubectomy operation and also in case of illness as well as medical complications arising out of these stages of maternity.

Also, it mentions that any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
Recently, in Spain, a new law was passed on by the Supreme Court, which made it the first European nation to introduce paid menstrual or period leaves. Also, keeping in mind the reproductive health of women, it will also ensure schools and prisons provide free menstrual products.
Further, in health centres that are run by the government, hormonal contraceptives and pills will be provided for free.

In India, Kerala and Bihar are the only two states which allow period leaves to females. Also, businesses like Byju's, Swiggy and Zomato allow their female workers to take one or two off days every month. In Australia, an innerwear company Modibodi, which specialises in period/menstrual underwear, offers women workers a paid leave of 10 days each year.

However, only time will tell if the paid period leaves will help or hinder the employment of women in the workplace in India or not.

Here is a list of other countries that allow days off or leaves for periods/menstrual pain.

1. Vietnam

The labour law of Vietnam mentions that women can avail a 30-minute break every day of their monthly period cycle. They can avail of these breaks atleast three times each month and further breaks or changes in schedule can be decided between the employee and her employer. Also, if a woman chooses not to take leaves, then the employers have to pay them extra. The legislation came into force on 1 February 2021.

2. Zambia

This country has set period leaves in its law in the year 2017 and it mentions that every month, every woman in Zambia is legally entitled to a day off from work and they do not need to provide a medical explanation to their employer. It is referred to as 'Mother's Day', but the law is not very specific about the reason for this provision, however, it is understood as period leaves and is also applicable to women who do not have children. If any employer denies this right to a female employee then they can be prosecuted.

3. Indonesia

According to Article 81 of the Labour Law 2003 in this country, women are allowed to take two days of paid leave when they are menstruating or on their periods. However, in this country, each country can implement the rule differently. The change was brought about because not all women were utilizing their menstrual leaves as they preferred extra allowance per month.

4. Taiwan

Article 14 of Taiwan's gender equality in employment allows female employees the right to take period leave or a day off every month at half their regular wage. However, if more than three such leaves are taken in a year, then the additional days are counted as sick leaves. The earlier policy included menstrual leave in the general quota of sick days. This nation allows three menstrual leaves every year and during this time the employees receive regular wages. This was amended in the year 2013.

5. South Korea

In a month, one day of unpaid menstrual leave for women is allowed In South Korea. If any employer refuses, they can face fines of up to 5 million won ($3,950). However, till 2004, it used to be a paid leave, when the country went from a six-day work to a five-day work week. According to a report published in WION, a 2018 survey revealed that a little over 19 percent of women were taking time off, which meant greater take-up than in Japan. Due to the hostile and conservative work environments, most women refrain from taking period leaves.

6. Japan

It was in 1947 when the labour law, menstrual leave was introduced. Under Article 68 of the law, no employers can ask women to work on those days when they experience difficult periods, however, those leaves were unpaid. In 2020, a labour ministry poll said that about 30% of Japanese enterprises offer full or partial payment. According to a survey, which included about 6,000 businesses, it was found that only 0.9 percent of eligible female workers have taken menstrual leave.