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Karnataka Menstrual Leave Policy 2025: A Legislative Analysis

Karnataka Menstrual Leave Policy 2025: A Legislative Analysis

Introduction

Karnataka is the first state to formally introduce a policy called the menstrual leave policy. This policy aims to provide paid 1-day- menstrual leave for working women in all sectors for their well-being. The origin of this policy is through the Labour Department of Karnataka. Along with this, the Karnataka Menstrual Leave and Hygiene Bill, 2025, is also under debate to give a statutory backing and strengthen the menstrual leave policy,
enforceability, along with penalties for non-compliance. 1 The above-mentioned policy mandates 12 days of paid menstrual leave per year, which is one day per month for women, the age criteria are 18 years to 52 years in all working sectors. Furthermore, it applies to permanent, contract and outsourced women employees. 

The purpose of this policy is to promote the health, efficiency and welfare of working women. Subsequently, the Bangalore Hotels Association and other management entities filed a petition before the Karnataka High Court challenging the authority of the state government to introduce menstrual leave by a mere executive order, and the existing laws need to specify menstrual leave. Several other reasons were also mentioned in the petition, such as bias, financial issues and so on.

The High Court of Karnataka granted an interim stay on the government’s notification on 9th December 2025, but soon after hearing the arguments from the Advocate General of 

The Karnataka state High Court recalled the interim stay on the same day. The advocate
In general, Shashi Kiran Shetty presented several key arguments before the high court in order to defend the Karnataka state government. 4 The Advocate General argued that the policy is based on the constitutionality that is Art 14, 15 and 21. Further, Article 162 empowers the state government’s executive power to issue such notifications in which the state legislature has the power to make laws. 5 Furthermore, the Advocate General emphasised that it is beneficial legislation intended for the betterment of women’s health during menstruation, and it is aligned with the expert’s recommendation. 6 Health has to be preferred over financial burden. Most importantly, Article 42, Part IV provides that ‘The state shall make provision for securing just and humane conditions of work and for maternity relief’. Directive principles of state policy (DPSP) are not directly enforceable; however, these principles are nevertheless fundamental for the governance of the nation, and it is the duty of the state to apply DPSP in making laws.
Menstrual Leave Policies Across Indian States:

Bihar 1992

Bihar introduced its menstrual leave policy for government women employees much earlier
than another state in India, which is back in 1992, 34 years ago, during the tenure of the Chief
Minister Lalu Prasad Yadav. However, this policy applied only to government female employees
employees and not to other sectors. The women employees are entitled to two days of paid
leave per month for menstruation-related health issues, and they are free to choose which days
to take off, without a medical certificate.

Kerala 2023

In the state of Kerala, all the state-run higher educational institutions and Industrial Training Institutes follow a menstrual leave policy for all the female students; it is not a state policy wide mandate. This policy was implemented on January 16 th, 2023. A female student over the

Age 18, enrolled in state universities or affiliated colleges, can avail two days of menstrual leave every month 7. This policy grants them 2% relaxation in the mandatory attendance compliance, i.e., 75% to 73%. 8 However, it’s important to note that this policy does not consider working female employees, and it is not a state-wide mandate, nor it a mandate for private educational institutions.

Odisha 2024


The menstrual leave policy in Odisha was implemented by the state government led by the Chief Minister Mohan Charan Majhi. The policy was announced by Odisha’s Deputy Chief Minister, Pravati Parida on 15 th August 2024 and further the policy was notified on 16 th August 2024. 9 The policy was officially implemented and became effective through a formal notification on October 2024. The policy applies to all women employees in the state for 12 days per year. This leave is additional to casual leaves. This policy superseded other leave policiespolicies in the state of Odisha.

Sikkim

Sikkim High Court was the first High Court in India to introduce a menstrual leave policy only for female employees in the High Court registry, and it is not a state-wide mandate. Officially implemented on 27 th May 2024 11. According to this policy, the women employees in the registry can avail 2 to 3 days of menstrual leave. Furthermore, Sikkim University has introduced 1-day menstrual leave in 2024. 12 Comparative Perspective: Menstrual Leave Laws Across the World

Early recognition of menstrual leave: Several countries across the world do identify the concept of menstrual leave and it is regulated by the laws. Back in 1922, Soviet Union introduced a national policy for women’s working in the factory. However, it has been abolished currently. Japan in 1947, implemented menstrual leave within its Labour Standards Law under Art 68. 13 According to Art 68 employers cannot force a woman to work if she requests for leave during menstrual days. However, it’s an unpaid leave which would create challenges to avail such leaves. Indonesia has recognized menstrual leave in the year 1948 under Labour Act No 13 and it allows two days of paid leave per month 14 . In 2001 South Korea amended its Labour Standards Law to provide menstrual leaves which is one day unpaid leave also known as ‘Physiological Leave’ per month. 15 Taiwan in the year 2002 recognized menstrual leave and amended the Act of Gender Equality in Employment to grant women 3 days menstrual leave per year along with sick leaves. Similarly, Zambia and Philippines have laws on menstrual leaves called as ‘Employment Code Act, 2019’ and ‘Menstrual Leave Act’ respectively. Recently Vietnam and Spain also provided for menstrual leaves. Interestingly in 2023 Spain was the first European country to introduce a national law for allowing 5 day paid menstrual leave with a medical certificate 16 . In Scotland as per The Period Products (Free Provision) (Scotland) Act 2021 it is the duty of the local authorities and education institutions to provide free menstrual products for anyone who needs them. 17 It is the only country in the world to mandate free menstrual products backed up by national law 18 . Other countries such as New Zealand, Kenya and Australia mandate free Menstrual products in schools.

Conclusion

By explicitly acknowledging period health as a valid workplace concern, the Karnataka period Leave Policy, 2025 represents a significant advancement in gender-sensitive labour reforms. The policy represents the State’s commitment to providing humane working conditions in accordance with Directive values and is based on the constitutional values of equality, non-discrimination, and the right to life with dignity. In contrast to other Indian states where menstruation leave is still restricted or sector-specific, the regulation establishes a progressive precedent not withstanding legal objections to its enforcement and the extent of executive power. The wider global view also shows that societal acceptability and successful implementation are just as important as mere acknowledgement. In the conclusion, this policy’s effectiveness will rely on strong legal support, appropriate enforcement, and a change in workplace perceptions to eliminate stigma. The proposed legislation has the potential to greatly improve women’s welfare and promote inclusive employment practices in India if it is approved.

Damini M

Assistant Professor of Law
Soundarya College of Law
daminim2000@gmail.com
9844524665

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