Karnataka Hotels Challenge Government’s Menstrual Leave Rule in High Court

The Karnataka High Court has received a petition challenging a November 20 notification issued by the state government, which mandates industrial establishments to provide one day of paid leave per month for all permanent, contract, and outsourced women employees during their menstrual cycle. The leave, capped at 12 days per year, applies to establishments registered under laws such as the Factories Act, Karnataka Shops and Commercial Establishments Act, Plantations Labour Act, Beedi and Cigar Workers (Conditions of Employment) Act, and Motor Transport Workers Act.

The plea has been filed by the Bangalore Hotels Association (BHA), which represents over 1,500 establishments in the city. According to the association, its primary role is to promote and safeguard the interests of its members through advocacy, consultation, and education, while fostering harmonious relations among stakeholders.

The petition argues that the statutes under which these establishments are registered already provide a comprehensive framework for employee welfare, covering aspects such as working hours, weekly holidays, and leave with wages. The association also highlighted the Model Standing Orders under the Karnataka Industrial Employment (Standing Orders) Rules, which mandate leave with pay under existing laws and permit casual leave of up to 10 days annually.

"The government notification is not backed by any legislative provision," the petition contends. The association claims that there is no specific clause in the existing statutes that empowers the state to mandate menstrual leave. By issuing the notification as an executive order, the petitioners argue, the government has overstepped its authority and interfered in matters that should fall under the employers' discretion in shaping HR policies.

The plea also raises procedural concerns, noting that the government did not issue a preliminary notification or seek objections from stakeholders before enforcing the menstrual leave directive. The association contends that this violates the principles of natural justice, as employers-key stakeholders-were not consulted.

According to the petition, implementing menstrual leave could also impose significant financial burdens on businesses, depending on the proportion of female employees. For these reasons, the BHA is seeking that the court quash the notification, claiming it is unconstitutional and violates Article 14 of the Constitution, which guarantees equality before the law.

The High Court is yet to list the matter for hearing, and the petition is expected to spark a wider debate on balancing employee welfare with business operational concerns in Karnataka.