LEGAL PERSPECTIVES ON RECOGNIZING MENSTRUAL LEAVE AS A FUNDAMENTAL WOMEN’S RIGHT UNDER LABOR LAWS
AUTHOR – MALIK SABANA S & MOHAMED JALEEL S
STUDENTS AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY , SCHOOL OF EXCELLENCE IN LAW
BEST CITATION – MALIK SABANA S & MOHAMED JALEEL S, LEGAL PERSPECTIVES ON RECOGNIZING MENSTRUAL LEAVE AS A FUNDAMENTAL WOMEN’S RIGHT UNDER LABOR LAW, ILE LABOUR LAW REVIEW, 4 (1) OF 2025, PG. 11-22, APIS – 3920 – 0009 | ISSN – 2583-6161.
- INTRODUCTION
The Authors of this study critically examines the legal lacunae surrounding menstrual leave in Tamil Nadu, a state distinguished by its high literacy rate and strong work ethic. She argues that the absence of specific statutory provisions addressing menstrual health in labour laws necessitates a comprehensive policy framework. Given the potential for unintended consequences arising from entrenched gender biases, she advocates for a balanced approach that integrates menstrual leave with alternative measures such as workplace health policies, flexible work arrangements, and improved access to menstrual healthcare. She underscores the necessity of a progressive legislative and policy framework that upholds employee well-being while aligning with Tamil Nadu’s commitment to education, productivity, and equitable labour rights. Menstrual leave refers to a statutory or policy-based provision allowing employees to take leave during menstruation without penalty. While several international jurisdictions have recognized menstrual leave as a workplace right, Indian labour laws lacks a specific framework addressing menstrual health in employment policies. The absence of statutory protection leads to workplace discomfort, reduced productivity, and potential gender-based discrimination. Given that maternity benefit and various sickness benefits s are already enshrined under labour laws, there is a pressing need to integrate menstrual leave into the legislative framework to uphold women’s health rights and ensure workplace equity