EMPLOYMENT LAW UPDATE
10th June 2024
Issue No. 06/24-25
SIKKIM HIGH COURT INTRODUCES MESTRUAL LEAVE POLICY FOR ITS FEMALE EMPLOYEES
The Sikkim High Court registry has implemented a groundbreaking menstrual leave policy for its female employees, vide notification dated 27th May 2024, marking a significant development in workplace gender equality in India. On Menstrual hygiene day, the Sikkim High Court became the first High Court to introduce a menstrual leave policy, thereby highlighting the weight and consequence of menstrual health and hygiene.
To avail of this leave, women employees are required to obtain a prior recommendation from the High Court medical officer. The notification from the High Court registry states:
“Women employees in the High Court Registry may henceforth avail menstrual leave of 2-3 days in a month, provided they approach the Medical Officer attached to the High Court first and obtain the latter’s recommendation for such leave.”
It is noted that the menstrual leave taken will not be counted as a part of the employee’s overall leave account.
This initiative by the Sikkim High Court is a pioneering move in India, promoting workplace inclusivity and acknowledging the specific health needs of female employees
In a related context, in February 2023, the Supreme Court of India declined to hear a plea requesting menstrual leave for female students and employees nationwide. The Supreme Court Bench, led by Chief Justice of India DY Chandrachud, suggested that such matters should be addressed through policy channels rather than judicial intervention. The petitioner was advised to submit a formal request to the Ministry of Women & Child Development.
Currently, there is no legislation or national policy covering menstrual leave. This policy sets a precedent for other institutions and could potentially influence broader legislative or policy changes across India to accommodate menstrual health needs in the workplace.
The notification can be accessed here.
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