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Karnataka HC stays government order on one-day paid menstrual leave
The Karnataka High Court on Tuesday stayed a government notification mandating industrial establishments to grant one day paid menstrual leave every month to all permanent and contractual employees, Live Law reported.
A bench of Justice Jyoti M passed the interim order while hearing a petition by the Bangalore Hotels Association. The judge asked the state government to file a statement of objections and agreed to hear the matter after the winter break of the court.
However, hours later, the High Court said it would hear the matter on Wednesday. This came after the state government asked the court to reconsider its stay, saying that the order went against a Supreme Court judgement, Live Law reported.
On October 9, the Karnataka Cabinet approved the 2025 Menstrual Leave Policy, which allows a one-day paid leave every month for women with government jobs and employed in the private sector.
The policy was introduced by the labour department following a recommendation by a committee pushing for paid menstrual leave.
In November, the government notified the menstrual leave policy.
Challenging this, the Bangalore Hotels Association had argued that the state government did not have the power to issue a directive mandating menstrual leaves.
“[The] government is not empowered to direct the industrial establishments to provide menstrual leave by way of an executive order,” Bar and Bench quoted the petition as saying.
It claimed that such a directive would put additional financial burdens on employers, which would lead to “civil consequences”, Live Law reported.
The court stayed the notification after it was informed by the petitioners' counsel that the government order was passed without hearing them.
The Bangalore Hotels Association comprises 1,540 hotels, restaurants, bakeries, sweet shops and ice cream parlours in the city.
There is no uniform menstrual leave policy in the country, but Bihar, Kerala and Odisha have varying provisions covering public and private sectors.
In July 2024, the Supreme Court had asked the Union government to frame a model policy on menstrual leave for women workers after consulting states and other stakeholders in the matter.
The court, however, had refrained from ordering such a policy to be implemented, saying that it was for the government to decide on it.
Also read: Period leave debate is a reminder that workplaces must provide for women's needs
Source: Scroll
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