Menstrual leave implies time offs for female employees while they experience menstrual pain. Dysmenorrhea or period cramp is a common phenomenon for a vast swathe of menstruating women. According to the American College of Obstetricians and Gynecologists, menstrual pain is so severe for some people that they are unable to perform regular activities for several days.

Many countries have already implemented menstrual leave policies and shown a steadfast commitment to addressing and prioritising women's health in the workplace. Indonesia, for instance, has incorporated a menstrual leave policy. The policy, which was introduced in 1948 and restructured in 2003, states that female workers experiencing menstrual pain are not obliged to work on the first two days of their cycle. In South Korea, Article 73 of the Labour Standards Act provides for monthly "physiologic leave," under which all female workers can avail of a day's leave every month. Similarly, Zambia, Taiwan, Vietnam, and Spain have also introduced progressive menstrual leave policies in recent times.

In India, there are no governing laws or centralised directions for 'paid menstruation leave'. However, Bihar and Kerala are two Indian states that have introduced menstrual leave policies for women. On 8 July 2024 the Supreme Court of India directed to frame a model policy on menstrual leave for women employees by consulting States and other stakeholders. A three-judge Bench headed by the Chief Justice of India acknowledged that a judicial mandate on menstrual leave could potentially discourage employers from hiring women. Instead, it suggested that the government should take the lead in formulating a policy that balances the needs of women with concerns about workforce participation.

In the context of Bangladesh, there is no comprehensive legal framework governing menstruation leave. The Labour Act of 2006 which regulates the country's labour and employment conditions, has no mention of menstruation leave. This leaves menstrual health issues ignored within the legal landscape. Article 32 of our Constitution provides the protection of the right to life and personal liberty. Adequate provisions for menstrual health, including menstrual leave, could be argued as necessary to ensure that women can fully exercise their rights to health and work without undue hardship. In the case of Bangladesh National Women Lawyers Association v Bangladesh (2009, it was emphasised that fundamental rights guaranteed in the Constitution, which include the principle of gender equality, should cover a wide range of gender-related needs. Although this decision did not expressly address menstrual leave, it highlights the necessity for legislative measures encompassing all aspects of gender equality, which may include menstrual leave.

As menstrual health is a significant concern for half of our population, it is high time that Bangladesh adopted policies or enacted laws relating to menstrual leave. Such policies can potentially contribute to a more inclusive and equitable work environment.

The writer is LLM candidate, University of Dhaka.