Karnataka Proposes Penalty For Bias Against Menstruating Employees

The Government of Karnataka defended its menstrual leave notification in the High Court, calling it a “well-considered, beneficial, and constitutionally compliant” decision. The State prepares to advance the policy by introducing a legislation in the assembly. The Karnataka 'Women’s Well-being Leave Bill-2025' proposes one day of paid menstrual leave per month for employees aged 18-52 across government and private sectors.

The Bill also entails a penalty of ₹5,000 for an employer or official who intentionally denies the leave or discriminates against a person for menstruating - including treating a menstruating person as an “untouchable.”

State officials said that the Bill expands the scope of the policy to educational institutions by granting menstruating students two days of leave each month, and a 2% relaxation in attendance requirements for menstruation-related concerns. 

An unnamed official told the Hindustan Times, “The leave can be requested through a simple application or email, and employees would not be asked to produce medical certificates."

The official added, "Those who wish to work instead of taking leave would be allowed to do so from home. Supervisors would be barred from disclosing requests for menstrual leave."

The Bill is expected to be tabled during the ongoing state assembly session in Belagavi.

Karnataka menstrual leave policy

On November 20, the State government announced the 'Menstrual Leave Policy 2025', recognising women’s health as an essential workplace right.

It mandates menstrual leave in establishments registered under the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantation Labour Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, and the Motor Transport Workers Act, 1961. 

The policy aims to create a more considerate work culture where menstruation is acknowledged as a normal physical process and not a matter of discomfort or stigma.

The government noted that the objective is to ensure women can attend to their health “without fear of workplace repercussions.”

Petitions against the menstrual leave 

On December 9, the High Court of Karnataka heard arguments against the menstrual leave notification on two separate petitions by the Bangalore Hotels’ Association and Avirata AFL Connectivity Systems Ltd, Bengaluru.

As per a report in Bar and Bench, the petitioners argued that the notification is not supported by any legislative enactment. They stated that there are already sufficient provisions for the grant of leave to employees under these laws, adding that such matters should have been left to each establishment to decide.

The petitioners further said that granting such menstrual leave is likely to cause additional financial burdens and has serious civil consequences.

The HC bench, headed by Justice Jyothi M, passed an interim order staying the menstrual leave notification.  However, hours later, the State's Advocate General Shashi Kiran Shetty urged the court to recall the order and hear arguments on behalf of the State. The stay order was thus recalled.

On December 10, the State defended the menstrual leave policy. The bench declined to stay the notification and posted the matter for further hearing on January 20, 2026.

Menstrual leave in India

While states such as Bihar and Odisha already provide menstrual leave to women employed in government roles, Karnataka’s framework stands out for including private-sector employees, where the majority of working women are engaged today.

If implemented with fairness and consistency, the “Menstrual Leave Policy, 2025” could set a national example for integrating health, gender, and labour reform. It signals a maturing understanding of workplace equality; one that values dignity, balance, and inclusion as central to economic progress.