In recent years, there has been a growing movement to implement menstrual leave policies in workplaces around the world. While some argue that menstrual leave is necessary to support the health and well-being of female employees, others have raised concerns about potential discrimination and job opportunities for women. “We should not let menstruation be a barrier to women’s equality in the workplace.”- Phumzile Mlambo-Ngcuka, United Nations Under-Secretary-General and Executive Director of UN Women and on another hand a writer and advocate for menstrual equity Emily Towner Quoted in a public meeting that “Menstrual leave is not just about women getting days off work. It’s a necessary step towards a world where women’s bodies are taken seriously and their needs are not ignored or stigmatized.”
The matter has sparked considerable controversy, and it is the constitution that holds the authority to offer direction concerning menstrual leave in work settings. By delineating legal obligations and safeguards regarding employment and discrimination, it provides the necessary guidance on this issue.. Phumzile Mlambo-Ngcuka’s quote highlights the need for gender equality in the workplace and argues that menstruation should not be a barrier to achieving that equality. The constitution may include provisions that protect against gender discrimination, which could be used to argue in favor of menstrual leave as a necessary step towards gender equality. Similarly, Emily Towner’s quote emphasizes the importance of taking women’s bodies and needs seriously, which is also a key aspect of gender equality.
The constitution may include provisions related to equal treatment under the law or non-discrimination based on gender, which could be used to argue that menstrual leave is necessary to ensure that women’s needs are not ignored or stigmatized in the workplace. Overall, the constitution can provide a framework for understanding the legal and ethical implications of menstrual leave policies in the workplace. By drawing on legal frameworks and protections, it is possible to determine the most appropriate course of action for organizations considering implementing menstrual leave policies, while also ensuring that these policies are consistent with legal requirements and protections. One of the primary concerns raised by opponents of menstrual leave policies is that they may violate the constitutional rights of employees. Specifically, some argue that such policies could be seen as discriminatory toward male employees, who do not require time off for menstruation.
Additionally, there are concerns that menstrual leave policies could lead to reduced job opportunities for women, as employers may prefer to hire male employees who do not require menstrual leave. However, it is important to note that the Constitution does not specifically address the issue of menstrual leave in the workplace. Rather, the Constitution protects the rights of all individuals to equal protection under the law and to freedom from discrimination based on gender. This means that any policies related to menstrual leave must be evaluated on a case-by-case basis to determine whether they violate these constitutional protections.
The debate on menstrual leave has been ongoing for quite some time now, and there are valid arguments both for and against it. However, when we take a closer look at the issue, we can see that denying women menstrual leave violates their constitutional rights. Here are some of the reasons why menstrual leave is a necessary provision and how it aligns with the Constitution. First and foremost, menstrual leave is necessary to support the health and well-being of female employees. Menstruation is a natural process that occurs in women’s bodies and can often result in severe discomfort and pain. This discomfort and pain can affect women’s productivity and well-being, leading to absenteeism and presenteeism. By allowing women to take menstrual leave, organizations can ensure that female employees can take care of themselves during their period and return to work rejuvenated and ready to be productive.
The Constitution of many countries recognizes the right to health as a fundamental human right, including the United States, where the right to healthcare is enshrined in the Affordable Care Act. Denying women, the right to take menstrual leave when they need it goes against this fundamental human right, and it’s a violation of the Constitution. Another reason why menstrual leave is necessary is that it can reduce the stigma around menstruation and promote gender equality in the workplace. Menstruation is often stigmatized and seen as something shameful or dirty, making it difficult for women to discuss it openly. By allowing women to take menstrual leave, organizations can demonstrate that they recognize the value of women in the workplace and respect their natural bodily functions. Gender equality is also enshrined in the Constitution of many countries, including the United States Article 23, where it is recognized as a fundamental right. Denying women menstrual leave goes against this right and reinforces the gender stereotypes that women are not as capable or as important as their male counterparts. Lastly, menstrual leave can increase employee productivity. When women are allowed to take menstrual leave, they can manage their menstrual symptoms more effectively, reducing absenteeism and presenteeism. This means that women are more likely to be present at work and be productive, resulting in better work outcomes.
The Constitution recognizes the right to work as a fundamental human right, including the right to work in an environment that is safe, healthy, and free from discrimination. Denying women menstrual leave violates this right by creating a work environment that discriminates against women, making it unsafe and unhealthy for them.
In conclusion, menstrual leave is a necessary provision that aligns with the Constitution’s principles of health, gender equality, and the right to work. Denying women menstrual leave violates their constitutional rights and creates an unsafe and unhealthy work environment that discriminates against them. Organizations should consider implementing menstrual leave policies to promote gender equality, reduce the stigma around menstruation, and support the health and well-being of their female employees. It’s high time for us to recognize the importance of menstrual leave and take steps towards creating a more inclusive and supportive workplace culture.
The Author, Mayank Parashar, is a 4th year law student at Jagran Lakecity University, Bhopal.