Where do Indian States stand on menstrual leave policies? | Explained

The story so far: The Kerala High Court has directed the State government to decide within three months on a demand for paid menstrual leave for women conductors of the Kerala State Road Transport Corporation (KSRTC).The Court said the government may consider introducing an appropriate policy providing menstrual leave to women conductors, subject to suitable safeguards. It observed that a limited provision for menstrual leave could promote employee welfare, reduce presenteeism, improve productivity, and foster a more inclusive workplace.The order came on a writ petition filed by three women conductors and Forum for Justice, an organisation working for the welfare of KSRTC employees, seeking two days of paid menstrual leave every month.Additionally, on Tuesday (July 28, 2026), the Madurai Bench of the Madras High Court directed the Tamil Nadu government to file an interim report on the constitution of a committee and the progress made in framing rules for a comprehensive paid menstrual leave policy for women government employees, along with advisory guidelines for private establishments.Which States in India have menstrual leave policies, and how do these policies differ?Only five States have introduced menstrual leave policies, and these vary in terms of coverage and the number of leave days permitted.Bihar was the first State to introduce menstrual leave, allowing women government employees two days of paid leave every month, amounting to 24 days annually.Odisha provides one day of menstrual leave every month to women government employees up to the age of 55. The leave may be availed of on either the first or second day of the menstrual cycle, amounting to 12 days a year.Karnataka became the latest State to introduce a menstrual leave policy in 2025, extending one day of paid leave every month to employees in both the government and private sectors.Kerala provides up to three days of menstrual leave every month for higher education and university students by reducing the mandatory attendance requirement from 75% to 73%.Sikkim has introduced a menstrual leave policy for employees of the Sikkim High Court, allowing two to three days of leave every month.Is there a national law or policy governing menstrual leave in India?India does not have a central law mandating menstrual leave for women employees or students. Several Private Members' Bills have sought to introduce such a framework, but none has been enacted. In 2017, Arunachal Pradesh MP Ninong Ering introduced the Menstruation Benefits Bill, 2017, proposing paid menstrual leave and workplace facilities for menstruating women. The Bill was reintroduced in 2022 but did not progress. In 2018, Congress MP Shashi Tharoor introduced the Women's Sexual, Reproductive and Menstrual Rights Bill, which sought, among other measures, to ensure free access to sanitary pads at public institutions. More recently, Congress MP Hibi Eden introduced the Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill, 2022. The Bill proposes three days of paid menstrual leave every month for women and transwomen, extends similar benefits to female students, and seeks to provide free access to menstrual health products. It cites studies indicating that nearly 40% of girls miss school during menstruation, while around 65% report that their periods affect their participation in classes and examinations because of pain, anxiety, stigma and inadequate facilities.What have courts said about menstrual leave?In Shailendra Mani Tripathi vs Union of India (2023), the Supreme Court declined to direct the Centre to frame a nationwide menstrual leave policy, holding that the issue falls within the domain of public policy. The Court asked the petitioner to approach the Ministry of Women and Child Development instead.The Court also observed that while female labour force participation had increased significantly, many women, particularly those in the informal sector, could not afford to lose workdays. It suggested that measures such as flexible work arrangements and improved access to menstrual hygiene products might be more practical than a mandatory leave policy.A significant constitutional development came in Dr. Jaya Thakur vs Union of India (2026), in which the Supreme Court recognised menstrual health as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution.How do other countries approach menstrual leave?Several countries have adopted menstrual leave policies, although the scope of benefits and their implementation vary considerably.Japan was among the first countries to introduce menstrual leave in 1947 through the Seiri Kyuka system. Women are entitled to take leave during menstruation without being required to explain the reason.Indonesia has recognised menstrual leave since 1948, with the policy reaffirmed under the Labour Act of 2003. The law entitles women to two days of leave during the first two days of their menstrual cycle, although compliance varies across employers.South Korea takes a slightly different approach, allowing monthly physiologic leave under Article 73 of its labour law. All female workers are entitled to one day of leave every month.Vietnam’s labour law takes a different approach, stipulating a 30-minute break for women every day during their menstrual cycle. In 2020, a provision for three days of leave every month was added. Those who do not avail of the leave are entitled to additional pay.Taiwan has the Act of Gender Equality in Employment in place. Under Article 14 of the Act, employees have the right to request one day of menstrual leave every month at half their regular wage. Three such days of leave are permitted each year, after which additional leave is counted as sick leave.Zambia introduced a monthly one-day menstrual leave, popularly known as “Mother’s Day”, in 2015.Spain became the first European country to introduce paid menstrual leave in 2023. Women experiencing incapacitating menstrual pain are entitled to three days of paid leave, extendable to five days with medical certification. The benefit is funded through the country’s public social security system.While these policies have expanded legal recognition of menstrual health, studies suggest that utilisation remains low in several countries because of persistent social stigma, workplace culture, and fears of adverse career consequences.