Towards Equity: Evaluating the Need for Menopausal Leave Legislation in the Modern Workplace
INTRODUCTION
In many countries, the participation of women in the workforce has increased rapidly in one or two generations,[i] and many women now remain in work (and increasingly full-time work) throughout their working lives. Contemporaneously, many countries are applying policies which require people to work at older ages.[ii] Consequently, an increasing number of women will be in paid work when they experience menopause, typically aged between 45–55 years (average age 51 years). Not all women experience symptomatic menopause, but some women report severe, debilitating symptoms, with the possibility of causing a marked impact on their ability to function productively in the workplace, or even remain in paid work.[iii]
The policy for ‘menstrual leave’ or ‘period leave’ in India has long been debated.[iv] Menstrual leave refers to a specific form of leave for female employees (hereinafter may include ‘female workers’), who experience painful period pains during their period of menstruation, to have a set number of paid or unpaid leave in a month or a year, apart from the mandated sick leave for all the employees.[v] The debate is enormous however its implementation on grounds and presence in the legal framework is equally negligible. The debate is so restricted that we even leave another kind of labour regulation, on the same line as menstrual leave, required for the benefit of women out of the purview of any layman: The debate of Menopausal leave.
Menopause, similar to Menstruation, is a natural occurrence that a woman goes through once in her life for a continuous longer duration and it brings a degree of pain, discomfort and other health-related issues, which makes it difficult for her to work. As a consequence, a few days off from work is essential to relieve this discomfort.[vi] Even today, menstruation is itself considered taboo in India, then there’s no purpose in stating that menopause will ever be talked about.[vii] Moreover, for this reason, menopausal leave has still not been introduced in our legal system.[viii]
This paper aims to take the reader through the past national and international developments concerning menopausal leave policy, in brief, and then analyses the present situation. It also considers the Private Member Bills proposed by different Members of Parliament and State Legislative Assemblies in their respective houses for discussion and put forth the international case laws that make this discussion furthermore relevant. Proposing remedies to those lacunas, the paper analyses whether amendment must be brought to existing laws, such as passed but not enforced Labour Codes, Maternity Benefit Act,[ix] Prevention of Sexual Harassment at the Workplace Act,[x] etc., to provide for menopausal leave or a fresh statute shall be framed to provide said benefits to female employees/workers.
Though the introduction of such menopausal leave for female employees would help in lifting the veil of social stigma around menstruation and menopause and help in promoting workplace participation and gender equality, the debate regarding the same is minimal. Thereby it is necessary to make female employees aware of such policy measures so that a nationwide voice for menopausal leave policy set into motion the State’s actions. With this positive note along with other insightful policy measures, the paper aims to conclude.
MENOPAUSE IN THE WORKPLACE
Menopause is a natural stage of life for women that marks a significant transition. While it indicates the end of reproductive abilities, it also exposes women to a greater risk of noncommunicable medical issues and diseases. In India, menopause typically occurs earlier than in the West, with the average age being 46.2 years, compared to 51 years in Western countries.[xi]
Menopause is not limited to reproductive symptoms, as it can also affect the cardiovascular, neural, and skeletal systems. Women may experience a range of symptoms including hot flushes, joint and muscular problems, depressive episodes, irritability, diminished vision, forgetfulness, and urogenital problems.[xii] Research indicates that more than three-fourths of women experience menopause symptoms, and women in the perimenopausal stage are at a higher risk of developing physical and psychological illnesses.[xiii]
These symptoms can have a significant impact on a woman’s work and relationships with colleagues. Menopausal symptoms can cause discomfort, fuzzy decision-making, memory lapses, and difficulty concentrating, leading to negative consequences at work.
Despite the potential impact of menopause on women’s working lives, this research area had received scant attention until the last decade – “Since then, studies have shown that the self-reported work ability of women, as assessed using the Work Productivity Activity Impairment scale,[xiv] is affected to the greatest extent amongst those women who report more severe menopausal symptoms, as compared with women without symptoms.[xv] Higher rates of sickness absence and productivity loss resulting in an increased indirect cost for employers have also been demonstrated amongst women with severe menopausal symptoms. It has also been reported that women with severe menopausal symptoms felt less motivated at work and that this provokes some women to consider changing jobs, reducing their working hours or leaving the workforce altogether.”[xvi]
CONCLUSION
Finally, analysing the menopausal leave policy, one is able to see an outstanding issue of gender and health as well as labour right concern. From a historical analysis of past and present legislation, an evaluation of the current state of affairs as it impacts menopausal women and male s in the workplace, and potential future legislation and policies pertaining to menopausal individuals, this paper has shed light on the need to address menopausal employees in the workplace. Public awareness gained by appearance of the Private Member Bills in various legislative bodies indicates the understanding of the need for more structure and support. Furthermore, the analysis of selected approaches from the perspective of international case law has established the global nature of this concern.
Nevertheless, the way towards their attainments is not void of challenges. However, for the actual implementation of the Menopause Leave provisions, the existing laws such as the Labour Codes and Maternity Benefit Act might need some tweaking for ensuring that they are wholly suitable to provide and support these leaves.
In conclusion, action needs to be taken on various fronts to enable the formulation and implementation of adequate menopausal leave legislation, focusing on legal changes and the employer-employee relationship improvement as well as raising awareness about the issue. In essence, when governments prioritize the rights of all employees and accommodate the various aspects related to menopause, women’s health can be supported, thus encouraging the dignity of all mammals at work during this period.
Author:– Ashutosh Anand, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
REFERENCES
[i] T. Kopenhager and F. Guidozzi, Working women and the menopause 8(3) Climacteric J. Int. Menopause Soc. 372, 372-375 (2015).
[ii] Stefania D’Angelo and Gregorio Bevilacqua, et al., Impact of Menopausal Symptoms on Work: Findings from Women in the Health and Employment after Fifty (HEAF) Study 20(1) Int J Environ Res Public Health 295 (2023).
[iii] Petra Verdonk and Elena Bendien, et al., Menopause and work: A narrative literature review about menopause, work and health 72(2) Work 483-496 (2022).
[iv] Angelica Aribam, It’s time to act, period: There is no room for debate on menstrual leave, The Indian Express (Feb. 03, 2023, 10:01 AM), https://indianexpress.com/article/opinion/columns/time-to-act-period-no-room-for-debate-on-menstrual-leave-8420201/.
[v] Pooja Yadav, Explained: What Is India’s Stand On Menstrual Leave Policy, India Times (May 07, 2023, 11:38 AM), https://www.indiatimes.com/explainers/news/explained-what-is-indias-stand-on-menstrual-leave-policy-594889.html.
[vi] Menopause, Cleveland Clinic, https://my.clevelandclinic.org/health/diseases/21841-menopause (last visited May 06, 2023).
[vii] Neelima ks, Why is Menopause A Taboo in India?, Morning Lazziness (Dec. 27, 2021), https://www.morninglazziness.com/wellness/why-is-menopause-a-taboo-in-india/.
[viii] Rinku Ghosh, Menopause in the workplace: The issue we don’t talk about, The Indian Express (Nov. 28, 2022, 08:53 AM), https://indianexpress.com/article/opinion/columns/menopause-in-the-workplace-the-issue-we-dont-talk-about-8292238/.
[ix] The Maternity Benefit Act, 1961, No. 53, Acts of Parliament, 1961 (India).
[x] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14, Acts of Parliament, 2013 (India).
[xi] Maninder Ahuja, Age of menopause and determinants of menopause age: A PAN India survey by IMS 7(3) J. Midlife Health 126, 128-130 (2016).
[xii] Menopause, World Health Organization (Oct. 17, 2022), https://www.who.int/news-room/fact-sheets/detail/menopause.
[xiii] Meenakshi Kalhan, Komal Singhania, et al., Prevalence of Menopausal Symptoms and its Effect on Quality of Life among Rural Middle Aged Women (40–60 Years) of Haryana, India 10(3) Int J Appl Basic Med Res. 183, 188 (2020).
[xiv] M.C. Reilly and A.S. Zbrozek, et al., The validity and reproducibility of a work productivity and activity impairment instrument 4(5) Pharmacoeconomics 353-365 (1993).
[xv] Marije Geukes, Mariëlle P. van Aalst, et al., The impact of menopause on work ability in women with severe menopausal symptoms 90 Maturitas 3-8 (2016).
[xvi] Maria Evandrou and Jane Falkingham, et al., Menopausal transition and change in employment: Evidence from the National Child Development Study 143 Maturitas 96-104 (2021).
