3 min readNew DelhiMar 18, 2026 11:00 PM IST
The debate over menstrual leave has resurfaced in India after the Supreme Court recently declined to mandate a nationwide policy for paid menstrual leave. During the hearing of a petition seeking directions to states to frame such rules, the court observed that making menstrual leave compulsory through legislation could potentially affect women’s employment opportunities, as some employers might hesitate to hire women if additional leave requirements were mandated.
While India continues to discuss the issue, several countries around the world already recognise menstrual leave in some form. either through national legislation or workplace policies.
Japan
Japan was one of the earliest countries to introduce menstrual leave. The policy dates back to 1947, when labour laws began allowing women to take time off during their menstrual cycle if they experienced discomfort or health issues.
Under Japanese labour law, employers cannot require women to work if they request leave due to menstrual symptoms. However, the leave is not always paid, and many women reportedly choose not to use it because of workplace culture or concerns about stigma. Still, the policy remains one of the oldest examples of menstrual health being recognised in labour law.
South Korea
In South Korea, menstrual leave is provided under the country’s Labour Standards Act. Women employees are entitled to one day of menstrual leave per month.
Companies that fail to provide leave can face penalties. While the leave is typically unpaid, some workplaces offer compensation if employees choose not to take it. The policy is part of broader workplace protections aimed at supporting women’s health and wellbeing.
Menstrual leave debate in India (Photo: Freepik)
Indonesia
Indonesia has also recognised menstrual leave since 1948. The country’s Manpower Act allows women to take leave on the first two days of their menstrual cycle if they experience pain or discomfort.
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In practice, however, implementation can vary by workplace. Some companies require medical confirmation or prior notification, while others have internal policies governing how the leave is used.
Taiwan
Taiwan has taken a slightly different approach by incorporating menstrual leave into its Act of Gender Equality in Employment. Women can take up to three days of menstrual leave per year, which does not count against their regular sick leave. These days are typically paid at half the regular salary, reflecting an attempt to balance employee support with workplace policies.
Spain
More recently, Spain became the first European country to introduce a national menstrual leave policy. In 2023, Spain approved legislation allowing women experiencing severe menstrual pain to take medically certified leave from work.
The policy is designed primarily for those dealing with conditions such as severe cramps or disorders that significantly affect daily functioning. In such cases, the leave can be fully paid through the public health system.
