Paid Menstrual Leave: Karnataka High Court Stays Govt Order

The Karnataka High Court on Tuesday issued an interim order staying a recently issued government notification that mandated one day of paid menstrual leave per month for women employees in private industrial establishments.

The bench of Justice Jyoti M directed the state government to file its response to the petition filed by the Bangalore Hotels Association (BHA) and listed the matter for rehearing after the winter vacation.

The Association filed the plea challenging the direction issued by the Karnataka Labour Department through a government notification issued on 12 November.

The association argued that the Labour Department’s order had no backing in existing labour laws and imposed an unreasonable burden on private employers.

The government notification made menstrual leave compulsory across sectors governed by five labour statutes, including the Factories Act and the Karnataka Shops and Commercial Establishments Act. It extended the entitlement not only to permanent employees but also to contractual and outsourced workers, effectively bringing a wide range of industries under its scope.

"If at all the Government wanted to introduce menstrual leave in the industrial establishments, it was legally required to amend the above statutes through legislative process incorporating necessary provisions," the association stated.

The BHA contended that the state had overstepped its regulatory authority by introducing a leave category that was not contemplated in any of the laws cited in the order.

According to the petition, matters such as special leave policies must be left to internal administrative decisions rather than imposed uniformly through executive directions.

The association also questioned why the state government had not implemented a similar menstrual leave policy for its own women employees, calling the direction discriminatory.

It argued that compelling private establishments to bear the financial and operational impact of the new rule, while exempting government departments from the same obligation, reflected arbitrary decision-making.

Moreover, the association argued that granting menstrual leave was regressive in nature, which could potentially harm the employability of women in the private sector.

"It may represent a form of benevolent sexism, suggesting that women require special treatment due to their biology undermining their equality in the workplace. Therefore, even though the notification seems positive, it will lead to gender bias resulting in workplace discrimination," their plea said.

The petition was filed through Advocate B.K. Prashanth of M/s CCI –Legal.

The Karnataka Labour Department issued a notification (Government Order No. LD 466 LET 2023) dated 12 November 2025 under the Karnataka Menstrual Leave Policy 2025 requiring all establishments registered under the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantations Labour Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and the Motor Transport Workers Act, 1961 to grant one paid day of menstrual leave per month to women employees aged 18–52, whether permanent, contractual or outsourced.

Case Title: The Bangalore Hotels Association vs Government of Karnataka

Order Date: December 9, 2025

Bench: Justice Jyoti M