By Bhavyakirti Singh
I.
It is trite to note that workplace policies, culture as well as any overarching legislations in India have been crafted predominantly by men, or at least arise out of their thought, though in a seemingly “gender-neutral” manner. This is indicated in the overdue introduction of women-centric labour policies such as the Maternity Benefit Act, 1961 and the current discussions on menstrual leave for women in the workplace. In 2017, a private member Bill was also introduced by MP Ninong Ering titled “The Menstruation Benefits Bill, 2017”, providing 2 days of menstrual leave for women. Corporations have, in their personal capacity, introduced period leave. For instance, Zomato has introduce 10 days of menstrual leave. Similarly, Swiggy offers 2 days a month as period leave for their delivery partners
The basis for the provision of such benefits is to foster biological and socio-economic equity in recognition of differing needs and creating modern workplaces that optimise productivity whilst accounting for the diversity of the Indian workforce. This would also be the second act in deconstructing the corporate-led neoliberal theory of time-theft, which has led to intensified productivity surveillance of salaried labour by adopting the “managerial practice of eliminating what it deems as wasteful time”, thereby encouraging the adoption of uniform and mechanical policies as opposed to creating space for the unique needs of each socio-cultural segment of the workplace. This is also addressed by Kavita Krishnan in an interview, where she states, “Let me quote the anthropologist Emily Martin here: “Women are perceived as malfunctioning and their hormones [as] out of balance, rather than seeing the organization of society and work perceived in need of a transformation to demand less constant and disciplined productivity of a certain kind.””
However, where inclusive discussion has commenced on the more visible and overt aspects, menopause among women in the workplace has remained a scarcely discussed experience although its physical and mental ramifications may range from mild to severe. In urban workplaces, the menopause age also coincides with an important stage in an employee’s career, i.e. senior level elevations. This has been discussed in a Lok Sabha Question Hour in 2019 as well, where the Minister for Women and Child Development noted the lack of menopause policy for women employees in both the public and private sectors as juxtaposed against the aim of providing a ‘continuum of care’ in healthcare. This essay collates medical evidence and international jurisprudence to indicate the increasing need for making concessions to menopausal women in the workplace, or at least starting conversations about the same.
II.
Menopause is a biomarker among women, indicating not only the change in reproductive abilities but also the accelerated exposure to diseases and noncommunicable medical issues, and in India, the average age for its onset is significantly lesser than the west – it has been found that the “[a]verage age of menopause of an Indian woman is 46.2 years much less than their Western counter parts (51 years)”.
Symptoms manifest not only within the reproductive system but also cardiovascular, neural, and skeletal system. Common symptoms include hot flushes, joint and muscular problems, depressive episodes and irritability, diminished vision, forgetfulness, and uro-genital problems. In terms of statistic prevalence, it has been noted that more than three-fourth of women have experienced symptoms of menopause, with the risk of physical and psychological illnesses higher in perimenopausal women, i.e. women undergoing the menopause transition.
In most places of employment, such symptoms not only cause discomfort to the individual but also impact their work, relationships with co-workers, lead to fuzzy decision-making and memory. In Davies v. Scottish Courts and Tribunals Service, the claimant, due to her menopause symptoms, was unable to recall whether a jug of water contained her medication and therefore warned her co-workers that they might have consumed her medication. It was noted that “[t]he claimant experienced, over the last 2 – 3 years, the onset of menopause which resulted in very heavy bleeding (generally referred to as flooding). The claimant became severely anaemic due to the heavy bleeding, and also felt “fuzzy”, emotional and lacking in concentration at times”. She was thereafter dismissed from employment due to her purported action of lying and therefore against the workplace policy of having honest staff. The Tribunal concluded that such dismissal was disproportionate to her action and mitigated by the ‘disability’ of menopause as per Sections 6 and 15 of the Equality Act, 2010.
In Merchant v. BT plc, the claimant’s manager was aware that she suffered from menopausal symptoms, which led her work performance to decline and impacted her level of concentration. As a result, he dismissed her after giving a warning and without conducting any medical investigations regarding her symptoms. The Tribunal held that this was unfair dismissal due to direct sex discrimination, as he would not have adopted such irrational approach if dealing with other conditions not associated with women, and he failed to refer the claimant to occupational health assessment.
In general, the UK is seeing an increasing number of claims relating to unfair dismissal or direct sex discrimination as a result of management reaction to menopausal women. More recently, in A. v. Bonmarche Limited (in administration), an employer made insensitive comments about the claimant’s menopause, and refused to make adjustment such as temperature changes to allow for increased comfort. The court held that such behaviour amounted to sexual and ageist harassment under the Equality Act, 2010 and the creation of hostile work environment.
These instances reflect a clear need for the commencement of increased discourse regarding menstrual and menopausal health at the workplace as well as sensitivity and awareness within the managerial ranks.
III.
In the UK, claims arising from treatment meted to menopausal women have been dealt with under the Equality Act, 2010. In India, no publicly noted cases address the framework one may use to address similar instances and the author has herein attempted at identifying a possible framework.
First, the Sexual Harassment Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [“POSH Act”] allows aggrieved women to file claims of sexual harassment where, inter alia, a hostile work environment has been created, or detrimental treatment is being meted to her. Reference may be made to the Handbook on Sexual Harassment of Women at Workplace, which lists examples of behaviour that may constitute sexual harassment. Some examples include offensive comments or jokes, statements damaging a person’s reputation or career, unjustified monitoring, blaming for errors without just cause and insults or humiliation.
Second, while a comprehensive code is available for occupational diseases and hazards, no overarching policy has been found for noncommunicable or chronic diseases or health problems that require long term adjustments. Sectoral regulations including and not limited to the Plantation Labour Act, 1952, Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955 and Sales Promotion Employees (Conditions of Service) Act, 1976 have culled our provisions for the availing of sick or medical leave as and when required and evidenced by medical certificates. However, no rules mandate or encourage workplace adjustments for, say, women with menopause or individuals with other chronic problems such as, for instance, arthritis, endometriosis, thyroid issues, depression, PCOD etc. This is especially significant since the physical as well as psychological factors within a work environment have been evidenced to impact menopausal symptoms and can lead to lessening or aggravation of the same. Though, general statues for labour welfare and disputes may be referred to, such as the Industrial Disputes Act, 1947 [“ID Act”] and the Code on Social Security, 2020.
Thus, from a strictly legal standpoint, while no legislation seems to accurately subsume such discrimination, it seems that instances such as Bonmarche, Davies and Merchant may be dealt with through a combination of provisions in the POSH Act and ID Act before courts. However, fundamental changes are still required within workplaces to meet the aims of sensitisation. Inclusive policies will socially lead to the decline in taboo regarding issues relating to the female biology; economically, this may assist in the customisation of, say, health insurance policies and lead to an increase in the length of employment of female employees. To ensure the same, employers may be encouraged to take cognisance of the issues of menopausal employees and consider the following suggestions:
Awareness and understanding: Normalisation of conversation regarding menopause and issues arising from the same may be achieved by conducting sensitisation programmes, educating not only women likely to be affected by the same but also other employees unaffected by menopause transitions. Further, resources for symptom management or support may be provided.
Training: All employees, especially managerial level employees should be trained and educated about how they can support employees suffering from transition symptoms.
Policy and culture: Workplaces should develop procedures to allow for requisite adjustments. For instance, changes in performance metrics to bring equity, allowing for extra expenditure on air conditioning to provide a better work environment, proper ventilation, appropriate and comfortable washroom and hygiene amenities and allowing for a flexible working policy to permit work-from-home where possible, which has become quite common post the COVID-19 pandemic.
On a legislative note, the answer to the Lok Sabha Question addressed by the Minister for Women and Child Development stated that policy requirement will be evaluated on the cases of stakeholder and expert consultations and firm research findings on physical and mental aspects of menopause. Deliberations have already moved slightly ahead in the UK, where a private member’s bill has been introduced and debated recently in the UK Parliament on October 29, 2021, and led to certain policy commitments by the government, for instance, reduction in the costs and improvement in access to hormone replacement therapy to manage symptoms, as well as changes in the prescription issuance length to reduce procedural hassles to access. Further, the establishment of a menopause taskforce and the making of menopause a priority in the women’s health strategy was committed. The Advisory, Conciliation and Arbitration Service of the Crown has also issued guidance for employers to help manage the impact of menopause at work and improve industrial relations.
Currently, there are over 65 million women in India over the age of 45, implying that the population of menopausal women in the country is extensive. Providing the deserved assistance and awareness to this population would go a long way in achieving optimal labour productivity while ensuring labour welfare and avoiding negative social branding. The tangential effect of such improvements would also perhaps go insofar as to prevent inter-organisational as well as international brain drain and leakage of experienced resource from the country.
The author, Bhavyakirti Singh, is an undergraduate law student at National Law University (NLUJ), Jodhpur
Zomato introduced ‘period leave’ for employees, The Hindu (August 9, 2020), available at ; A Note On Our Commitment To Increase Women Delivery Partners In Our Fleet, Swiggy Diaries (October 20, 2021), available at .
Andrew Stevens & David O. Lavin, Stealing Time: The Temporal Regulation of Labor in Neoliberal and Post-Fordist Work Regime, 21(2) Democratic Communiqué 54 (2007).
Radhika Santhanam, Should women be entitled to menstrual leave?, The Hindu (August 21, 2020), available at
Jeneva Patterson, It’s Time to Start Talking About Menopause at Work, Harvard Business Review (February 24, 2020), available at .
Government of India, Ministry of Women and Child Development, Lok Sabha, Starred Question No.269, to be Answered On 06.12.2019 on Menopause Policy, available at .
Maninder Ahuja, Age of menopause and determinants of menopause age: A PAN India survey by IMS, 7(3) J. Midlife Health, 126–131 (2016), available at .
Meenakshi Kalhan, Komal Singhania, Priyanka Choudhary, Seema Verma, Pankaj Kaushal & Tarun Singh, Prevalence of Menopausal Symptoms and its Effect on Quality of Life among Rural Middle Aged Women (40–60 Years) of Haryana, India, 10(3) Int’l J. Applied Basic Medical Research 183–188 (2020), available at .
Ibid.; Sudha Sharma, Vishal Tandon & Annil Mahajan, Menopausal Symptoms in Urban Women, 9(1) JK Science 13-17 (2007), available at .
Ibid.
Hannah Atkinson, Menopause in the workplace – the case for more support, EmploymentLinks (September 19, 2019).
Davies v. Scottish Courts and Tribunals Service,S/4104575/2017 (Employment Tribunals, Scotland).
Merchant v. BT plc, ET/1401305/11 (Employment Tribunal).
Matt Lamy, Dramatic Rise in Menopause Cases at Employment Tribunals, IOSH Magazine (September 6, 2021), available at .
¶5, A. v. Bonmarche Limited (in administration), Case No: 4107766/2019, available at .
Section 3(2), Sexual Harassment Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Handbook of Sexual Harassment of Women at Workplace, Government of India, Ministry of Women and Child Development, available at .
The Occupational Safety, Health and Working Conditions Code, 2020, available at .
Gavin Jack, Kathleen Riach, Emily Bariola, Marian Pitts, Jan Schapper, Philip Sarrel, Menopause in the workplace: What employers should be doing, National Library of Medicine, National Centre for Biotechnology Information 88-95 (December 29, 2015), available at .
Supra note 5.
Menopause (Support and Services) Bill, Volume 702: debated on Friday 29 October 2021, House of Commons, Commons Chamber, available at .
Menopause at work, Health and Wellbeing, Advisory, Conciliation and Arbitration Service, available at .
Tripti Sharan, The Menopause Mantra: Learn How to Enjoy a New Beginning, The Better India (December 19, 2017), available at .
I.
It is trite to note that workplace policies, culture as well as any overarching legislations in India have been crafted predominantly by men, or at least arise out of their thought, though in a seemingly “gender-neutral” manner. This is indicated in the overdue introduction of women-centric labour policies such as the Maternity Benefit Act, 1961 and the current discussions on menstrual leave for women in the workplace. In 2017, a private member Bill was also introduced by MP Ninong Ering titled “The Menstruation Benefits Bill, 2017”, providing 2 days of menstrual leave for women. Corporations have, in their personal capacity, introduced period leave. For instance, Zomato has introduce 10 days of menstrual leave. Similarly, Swiggy offers 2 days a month as period leave for their delivery partners
The basis for the provision of such benefits is to foster biological and socio-economic equity in recognition of differing needs and creating modern workplaces that optimise productivity whilst accounting for the diversity of the Indian workforce. This would also be the second act in deconstructing the corporate-led neoliberal theory of time-theft, which has led to intensified productivity surveillance of salaried labour by adopting the “managerial practice of eliminating what it deems as wasteful time”, thereby encouraging the adoption of uniform and mechanical policies as opposed to creating space for the unique needs of each socio-cultural segment of the workplace. This is also addressed by Kavita Krishnan in an interview, where she states, “Let me quote the anthropologist Emily Martin here: “Women are perceived as malfunctioning and their hormones [as] out of balance, rather than seeing the organization of society and work perceived in need of a transformation to demand less constant and disciplined productivity of a certain kind.””
However, where inclusive discussion has commenced on the more visible and overt aspects, menopause among women in the workplace has remained a scarcely discussed experience although its physical and mental ramifications may range from mild to severe. In urban workplaces, the menopause age also coincides with an important stage in an employee’s career, i.e. senior level elevations. This has been discussed in a Lok Sabha Question Hour in 2019 as well, where the Minister for Women and Child Development noted the lack of menopause policy for women employees in both the public and private sectors as juxtaposed against the aim of providing a ‘continuum of care’ in healthcare. This essay collates medical evidence and international jurisprudence to indicate the increasing need for making concessions to menopausal women in the workplace, or at least starting conversations about the same.
II.
Menopause is a biomarker among women, indicating not only the change in reproductive abilities but also the accelerated exposure to diseases and noncommunicable medical issues, and in India, the average age for its onset is significantly lesser than the west – it has been found that the “[a]verage age of menopause of an Indian woman is 46.2 years much less than their Western counter parts (51 years)”.
Symptoms manifest not only within the reproductive system but also cardiovascular, neural, and skeletal system. Common symptoms include hot flushes, joint and muscular problems, depressive episodes and irritability, diminished vision, forgetfulness, and uro-genital problems. In terms of statistic prevalence, it has been noted that more than three-fourth of women have experienced symptoms of menopause, with the risk of physical and psychological illnesses higher in perimenopausal women, i.e. women undergoing the menopause transition.
In most places of employment, such symptoms not only cause discomfort to the individual but also impact their work, relationships with co-workers, lead to fuzzy decision-making and memory. In Davies v. Scottish Courts and Tribunals Service, the claimant, due to her menopause symptoms, was unable to recall whether a jug of water contained her medication and therefore warned her co-workers that they might have consumed her medication. It was noted that “[t]he claimant experienced, over the last 2 – 3 years, the onset of menopause which resulted in very heavy bleeding (generally referred to as flooding). The claimant became severely anaemic due to the heavy bleeding, and also felt “fuzzy”, emotional and lacking in concentration at times”. She was thereafter dismissed from employment due to her purported action of lying and therefore against the workplace policy of having honest staff. The Tribunal concluded that such dismissal was disproportionate to her action and mitigated by the ‘disability’ of menopause as per Sections 6 and 15 of the Equality Act, 2010.
In Merchant v. BT plc, the claimant’s manager was aware that she suffered from menopausal symptoms, which led her work performance to decline and impacted her level of concentration. As a result, he dismissed her after giving a warning and without conducting any medical investigations regarding her symptoms. The Tribunal held that this was unfair dismissal due to direct sex discrimination, as he would not have adopted such irrational approach if dealing with other conditions not associated with women, and he failed to refer the claimant to occupational health assessment.
In general, the UK is seeing an increasing number of claims relating to unfair dismissal or direct sex discrimination as a result of management reaction to menopausal women. More recently, in A. v. Bonmarche Limited (in administration), an employer made insensitive comments about the claimant’s menopause, and refused to make adjustment such as temperature changes to allow for increased comfort. The court held that such behaviour amounted to sexual and ageist harassment under the Equality Act, 2010 and the creation of hostile work environment.
These instances reflect a clear need for the commencement of increased discourse regarding menstrual and menopausal health at the workplace as well as sensitivity and awareness within the managerial ranks.
III.
In the UK, claims arising from treatment meted to menopausal women have been dealt with under the Equality Act, 2010. In India, no publicly noted cases address the framework one may use to address similar instances and the author has herein attempted at identifying a possible framework.
First, the Sexual Harassment Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [“POSH Act”] allows aggrieved women to file claims of sexual harassment where, inter alia, a hostile work environment has been created, or detrimental treatment is being meted to her. Reference may be made to the Handbook on Sexual Harassment of Women at Workplace, which lists examples of behaviour that may constitute sexual harassment. Some examples include offensive comments or jokes, statements damaging a person’s reputation or career, unjustified monitoring, blaming for errors without just cause and insults or humiliation.
Second, while a comprehensive code is available for occupational diseases and hazards, no overarching policy has been found for noncommunicable or chronic diseases or health problems that require long term adjustments. Sectoral regulations including and not limited to the Plantation Labour Act, 1952, Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955 and Sales Promotion Employees (Conditions of Service) Act, 1976 have culled our provisions for the availing of sick or medical leave as and when required and evidenced by medical certificates. However, no rules mandate or encourage workplace adjustments for, say, women with menopause or individuals with other chronic problems such as, for instance, arthritis, endometriosis, thyroid issues, depression, PCOD etc. This is especially significant since the physical as well as psychological factors within a work environment have been evidenced to impact menopausal symptoms and can lead to lessening or aggravation of the same. Though, general statues for labour welfare and disputes may be referred to, such as the Industrial Disputes Act, 1947 [“ID Act”] and the Code on Social Security, 2020.
Thus, from a strictly legal standpoint, while no legislation seems to accurately subsume such discrimination, it seems that instances such as Bonmarche, Davies and Merchant may be dealt with through a combination of provisions in the POSH Act and ID Act before courts. However, fundamental changes are still required within workplaces to meet the aims of sensitisation. Inclusive policies will socially lead to the decline in taboo regarding issues relating to the female biology; economically, this may assist in the customisation of, say, health insurance policies and lead to an increase in the length of employment of female employees. To ensure the same, employers may be encouraged to take cognisance of the issues of menopausal employees and consider the following suggestions:
Awareness and understanding: Normalisation of conversation regarding menopause and issues arising from the same may be achieved by conducting sensitisation programmes, educating not only women likely to be affected by the same but also other employees unaffected by menopause transitions. Further, resources for symptom management or support may be provided.
Training: All employees, especially managerial level employees should be trained and educated about how they can support employees suffering from transition symptoms.
Policy and culture: Workplaces should develop procedures to allow for requisite adjustments. For instance, changes in performance metrics to bring equity, allowing for extra expenditure on air conditioning to provide a better work environment, proper ventilation, appropriate and comfortable washroom and hygiene amenities and allowing for a flexible working policy to permit work-from-home where possible, which has become quite common post the COVID-19 pandemic.
On a legislative note, the answer to the Lok Sabha Question addressed by the Minister for Women and Child Development stated that policy requirement will be evaluated on the cases of stakeholder and expert consultations and firm research findings on physical and mental aspects of menopause. Deliberations have already moved slightly ahead in the UK, where a private member’s bill has been introduced and debated recently in the UK Parliament on October 29, 2021, and led to certain policy commitments by the government, for instance, reduction in the costs and improvement in access to hormone replacement therapy to manage symptoms, as well as changes in the prescription issuance length to reduce procedural hassles to access. Further, the establishment of a menopause taskforce and the making of menopause a priority in the women’s health strategy was committed. The Advisory, Conciliation and Arbitration Service of the Crown has also issued guidance for employers to help manage the impact of menopause at work and improve industrial relations.
Currently, there are over 65 million women in India over the age of 45, implying that the population of menopausal women in the country is extensive. Providing the deserved assistance and awareness to this population would go a long way in achieving optimal labour productivity while ensuring labour welfare and avoiding negative social branding. The tangential effect of such improvements would also perhaps go insofar as to prevent inter-organisational as well as international brain drain and leakage of experienced resource from the country.
The author, Bhavyakirti Singh, is an undergraduate law student at National Law University (NLUJ), Jodhpur
Zomato introduced ‘period leave’ for employees, The Hindu (August 9, 2020), available at ; A Note On Our Commitment To Increase Women Delivery Partners In Our Fleet, Swiggy Diaries (October 20, 2021), available at .
Andrew Stevens & David O. Lavin, Stealing Time: The Temporal Regulation of Labor in Neoliberal and Post-Fordist Work Regime, 21(2) Democratic Communiqué 54 (2007).
Radhika Santhanam, Should women be entitled to menstrual leave?, The Hindu (August 21, 2020), available at
Jeneva Patterson, It’s Time to Start Talking About Menopause at Work, Harvard Business Review (February 24, 2020), available at .
Government of India, Ministry of Women and Child Development, Lok Sabha, Starred Question No.269, to be Answered On 06.12.2019 on Menopause Policy, available at .
Maninder Ahuja, Age of menopause and determinants of menopause age: A PAN India survey by IMS, 7(3) J. Midlife Health, 126–131 (2016), available at .
Meenakshi Kalhan, Komal Singhania, Priyanka Choudhary, Seema Verma, Pankaj Kaushal & Tarun Singh, Prevalence of Menopausal Symptoms and its Effect on Quality of Life among Rural Middle Aged Women (40–60 Years) of Haryana, India, 10(3) Int’l J. Applied Basic Medical Research 183–188 (2020), available at .
Ibid.; Sudha Sharma, Vishal Tandon & Annil Mahajan, Menopausal Symptoms in Urban Women, 9(1) JK Science 13-17 (2007), available at .
Ibid.
Hannah Atkinson, Menopause in the workplace – the case for more support, EmploymentLinks (September 19, 2019).
Davies v. Scottish Courts and Tribunals Service,S/4104575/2017 (Employment Tribunals, Scotland).
Merchant v. BT plc, ET/1401305/11 (Employment Tribunal).
Matt Lamy, Dramatic Rise in Menopause Cases at Employment Tribunals, IOSH Magazine (September 6, 2021), available at .
¶5, A. v. Bonmarche Limited (in administration), Case No: 4107766/2019, available at .
Section 3(2), Sexual Harassment Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Handbook of Sexual Harassment of Women at Workplace, Government of India, Ministry of Women and Child Development, available at .
The Occupational Safety, Health and Working Conditions Code, 2020, available at .
Gavin Jack, Kathleen Riach, Emily Bariola, Marian Pitts, Jan Schapper, Philip Sarrel, Menopause in the workplace: What employers should be doing, National Library of Medicine, National Centre for Biotechnology Information 88-95 (December 29, 2015), available at .
Supra note 5.
Menopause (Support and Services) Bill, Volume 702: debated on Friday 29 October 2021, House of Commons, Commons Chamber, available at .
Menopause at work, Health and Wellbeing, Advisory, Conciliation and Arbitration Service, available at .
Tripti Sharan, The Menopause Mantra: Learn How to Enjoy a New Beginning, The Better India (December 19, 2017), available at .