Mainstreaming Women's Health In Labour Law: Karnataka's Mandatory Paid Menstrual Leave

The announcement by the Government of Karnataka of a one-day paid menstrual leave per month for women employees up to 12 days a year marks a significant development in the labour welfare landscape of India. The Government of Karnataka by way of a Government Order¹ ("GO") established a menstrual leave policy. Under the GO, all women employees aged 18 to 52 years whether permanent, contractual or outsourced working in establishments registered under the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantation Labour Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and the Motor Transport Workers Act, 1961 are entitled to one paid day of leave per month during their menstrual cycle. Menstrual leave cannot be carried forward and no medical certificate is required. The Committee formed for recommendations on this matter observed that such leave may support women's well-being, retention, productivity and inclusive participation. In doing so, Karnataka becomes one of the first states in India to adopt a mandatory paid leave for menstruation.

Jurisprudential Touchpoints

Though there is no directly analogous Supreme Court decision addressing menstrual leave per se, jurisprudence on women's rights at workplace and equal treatment has always been instructive. For instance, in the landmark judgement of Vishaka v. State of Rajasthan² it was held that protection of women's right to equality, dignity and safe working conditions derives from the Constitution under Articles 14, 15, 19(1)(g) and 21 primarily. More recently, case laws such as Deepika Singh v. Central Administrative Tribunal³ emphasises that benefits available under social welfare cannot be denied arbitrarily and women are entitled to equal protection under Article 14. While these do not directly address menstrual leave, they reinforce the constitutional imperative for workplaces to provide gender sensitive. Compliance with labour laws in place remains unaffected as the policy acts as an additional welfare obligation imposed by the respective state. It does not displace or diminish any existing entitlement under other laws.

Key Features and Obligations for Employers

For entities operating in Karnataka or with Karnataka based establishments the new policy introduces notable features and compliance responsibilities. The scope of application of the policy covers all women employees between the age of 18 and 52 years. It applies irrespective of employment tenure whether regular, contractual or outsourced. Leave entitlement of one paid leave day per calendar month up to 12 days per annum during the menstrual cycle. However, the leaves cannot be accumulated and must be used within the same month without being carried to subsequent months or any other adjustments thereof. Women employees need not furnish a medical certificate or any supporting documentation to avail this leave. This policy is complimentary to existing leave entitlements like casual leave, sick leave, earned leave etc. and employers cannot count it against them. Employers with establishments in Karnataka should promptly update their leave policies, payroll systems and internal communications to reflect the new category of menstrual leave and its working keeping in mind aspects like ensuring confidentiality, mechanics of recording it etc.

Compliance Risk and Legal Exposure

The introduction of the policy gives rise to several compliance risks and implementation challenges. Entities may face risk if women employees in Karnataka are not informed of their entitlement or how to avail it. Failure to update internal policy documentation may give rise to claims of non‐compliance. Because the leave is paid and separate from existing leaves, misclassification of this leave could raise questions. Although no medical certificate is required, employers should maintain audit‐friendly records to show that the leave was granted in line with the policy and does not cause differential treatment. The policy expressly prohibits carry forward, so employers should ensure their leave management systems do not automatically convert unused menstrual leaves into other leave credit or encashment. Employers must guard against indirect discrimination, for example male employees cannot be disadvantaged in assignments because female colleagues use this leave and selection, promotion or performance evaluation processes must remain gender neutral.

The absence of central legislation means state policies may vary, leading to disparity. Concern exists that menstrual leave might inadvertently lead to discrimination in hiring wherein employers may prefer male employees or women beyond the eligibility age band, to avoid 'leave liability'. The argument that the right to paid leave during menstruation flows from the broader right to dignified work and fair conditions under Article 21 and Article 42, some might treat the leave entitlement as a welfare measure within the state's positive obligation to ensure humane conditions. In this context, the Karnataka policy may be viewed as an innovative intersection of gender justice, labour welfare and workplace health. However, it must be implemented with care to avoid perpetuating gender segmentation or bias.

International Presence

Globally, menstrual leave policies are relatively rare though certain countries such as Japan, Indonesia, South Korea have provisions for period leave or menstrual‐pain leave. The legal design varies: some allow opt‐in, some require a medical certificate and some are unpaid. It has globally noted when carefully designed, menstrual leave may improve productivity, retention and wellness but when poorly implemented, it may reinforce stereotypes or create adverse hiring leaks. In India, the Karnataka policy may act as a benchmark for other states, but it remains to be seen how many states will follow suit and whether a model legislation will emerge at the centre.

Conclusion

This GO is a landmark step in recognising the intersection of gender, health and labour policy. While seemingly a welfare measure granting one paid day per month to eligible women employees in Karnataka, its legal significance goes deeper signalling a shift in approach from "gender neutral" policy to "gender sensitive" employment regulation. For employers, the policy brings with it new compliance obligations, operational changes and potential legal risk if poorly implemented. For legal and compliance teams, the priority is to ensure that the leave entitlement is incorporated into internal policy and systems and that its roll-out is properly monitored and that broader gender-sensitive workplace practices accompany the new leave category. From a jurisprudential standpoint, the policy draws support from constitutional principles of gender equality, dignity at work and humane conditions, even though the statutory structure at the central level remains undeveloped. The challenge ahead will be ensuring implementation in a way that furthers female workforce participation, rather than inadvertently disadvantaging it. In short, for any entity operating in Karnataka, menstrual leave is no longer an optional welfare benefit, it is now a state-mandated entitlement. Legal teams and HR must align swiftly to embed the policy in their frameworks, ensure non‐discrimination, uphold confidentiality and contribute to a genuinely inclusive workplace.

Footnotes

1 LD 466 LET 2023

2 (1997) 6 S.C.C. 241

3 2022 S.C.C. OnLine S.C. 1088

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