News
Karnataka’s Menstrual Leave Order: Rollout & Legal Challenge
The Karnataka Government’s Order mandating one day of paid menstrual leave per month for women working in establishments registered under specified labour laws was notified in November and is now under challenge before the Karnataka High Court. Shortly after the petition was filed, the State also extended the benefit to its own employees.
The framework is intended to improve women’s health, efficiency, mental well-being and workplace performance. It is based on a September 2024 report of an 18-member expert panel that recommended six menstrual leaves per year. Stakeholder consultations followed in October 2024, and with a majority in favour of it, the Labour Department submitted its proposal in February this year. In the meantime, the Law Commission of Karnataka released the draft Karnataka Menstrual Leave and Hygiene Bill, 2025, as part of its 62nd report.
Key Dates
- 09/10/2025: Cabinet approves implementation of policy, sanctioning one day of paid leave per month for working women in all sectors, including government offices and various private industries such as garments, MNCs, IT and other industries operating in the State.
- 20/11/2025: Government Order notified, mandating one paid menstrual leave per month (capped at 12 days per year).
- 28/11/2025: Writ petition filed before the Karnataka High Court challenging the constitutional validity of the notification and highlighting its non-applicability to women working in government departments (WP 36659/2025).
- 02/12/2025: State extends the benefit to government employees.
Compliance Mandate
Who’s Covered: All women between 18 and 52 years of age engaged in permanent, contractual or outsourced roles in establishments registered under:
- Factories Act, 1948;
- Karnataka Shops and Commercial Establishments Act, 1961;
- Plantation Labour Act, 1951;
- Beedi and Cigar Workers (Conditions of Employment) Act, 1966; and
- Motor Transport Workers Act, 1961.
Leave Entitlement: Up to 12 menstrual leaves per year, doubling the expert panel’s earlier recommendation of six.
No Carry-Over: The leave must be availed within the month; unused menstrual leave cannot be carried forward.
No Medical Certificate Required: Women employees are not required to furnish any medical certificate to avail the monthly leave.
Concluding Thoughts
While the Government Order provides clarity on eligibility and entitlements, it leaves important questions unanswered on enforcement and the consequences of non-compliance. These gaps are significant, particularly because the High Court petition challenges both the constitutional validity of the notification and the State’s reliance on a Government Order instead of legislation.
By contrast, the Law Commission’s draft Bill proposes a more structured framework, including a designated authority for grievance redressal, periodic inspections by enforcement officers and monetary penalties of up to ₹5,000 per violation.
The broader context is equally important. Menstrual stigma continues to undermine women’s dignity and participation in everyday life. Reflecting this, the Supreme Court recently sought the Centre’s response in a petition against period shaming, calling for guidelines to protect women’s health, dignity and privacy [WP(Crl) 479/2025].
