Why some women need period leave more than others

The Supreme Court (SC) on Friday turned down a petition seeking mandatory menstrual leave for working women, saying employers would hesitate hiring women if the law comes into place.

The two-judge bench headed by Chief Justice Surya Kant said a mandatory menstrual leave could lead to hostile sexism in workplaces, causing employers to treat women differently and preferring non-menstruating colleagues over them. 

The petition was filed by advocate Shailendra Mani Tripathi who asked for a national menstrual leave policy for working women. Some states like Karnataka have allowed a monthly off for menstruating women.

As per the SC, mandatory menstrual leave runs the risk of solidifying stigma around menstruation and increasing the gender gap when it comes to work opportunities.

However, biologically, some women do experience symptoms that make it difficult for them to perform tasks during menstruation.

Why do some women need a leave more than others?

Menstruation is rarely similar for all. There is a significant variation in the length of the cycle, flow duration and the intensity of pain experienced. They can also vary within the same person from month to month.

The period pain, known as dysmenorrhea, can range between dull to extreme. In some cases, the pain primarily occurs as a result of pelvic contractions, for others there can be secondary reasons caused by related medical conditions such as endometriosis, uterine fibroids or pelvic inflammatory disease which worsens it. Some mood disorders like depression, bipolar disorder and others are also associated with increased likelihood of moderate to severe menstrual cramps.

Mood disorders like premenstrual dysphoric disorder (PMDD) are also known to cause depression and severe irritability right before the cycle.

For some women, working during menstruation can be difficult, for others manageable.

Leave with a cost

The judgement has invited mixed responses on social media. While some are saying provisions like maternity leave are already pushing women back in the line, others feel such a jurisdiction fails to acknowledge the biological reality of women who are enduring the discomfort to not lose standing in competitive workplaces.

There are some risks associated with period leave. Experts claim it could widen the gender gap in competitive workspaces. Discussions about or tracking a woman’s menstrual cycle in a workplace can violate her right to bodily autonomy, causing disclosure of personal information. In some places, absence from work could be attributed to a gendered cause, increasing the stigma around it. 

The non-menstruating staff might also see this leave provision as discriminatory in nature. As per the judgement, this can make women less likeable candidates for advanced positions.

However, experts suggest less extreme alternatives like a hybrid model can allow women to work from home during difficult symptoms.