Karnataka High Court stays government order on monthly paid leave. india news

Last updated:09 December, 2025, 13:43 IST

Now with the High Court’s interim stay, the government’s menstrual leave directive will remain in abeyance. The Labor Department will have to submit a detailed reply.

The Karnataka High Court has put an interim stay on the state government’s recent order, which made one day of paid menstrual leave every month mandatory for women employees in all sectors. The stay comes after the Bengaluru Hotel Owners Association challenged the government’s notification, arguing that the decision will put operational and financial pressure on private establishments.

The notification issued by the state labor department on November 20, 2025, was aimed at providing additional support to female employees during their menstruation. It said that women should be given one day of paid leave every month, which includes 12 days in a year. However, the court’s stay order has stopped its enforcement till the next hearing.

How did the matter reach the High Court?

The move to introduce menstrual leave had received mixed reactions from various industries. While some groups welcomed it as a progressive welfare measure, several private sector unions expressed concerns about labor shortages, increased costs and the difficulty in implementing uniform policies across thousands of establishments with different workforce sizes.

Amidst this debate, Bengaluru Hotel Owners Association has filed a petition demanding cancellation of the order. Represented by advocate Prashant BK, the association argued that the hospitality sector, which is already facing severe staffing challenges and high layoffs, will struggle to accommodate the mandatory additional leave. He claimed the rule could disrupt daily operations and create scheduling complications, especially for small and medium establishments.

When the petition came up for hearing, Justice Jyoti Mulimane examined the arguments and granted an interim stay on the labor department’s order. The stay means the menstrual leave rule cannot be implemented until the court completes further hearings and issues a final ruling.

After the court’s decision, Bengaluru Hotel Owners Association President PC Rao expressed relief. Speaking to News18, he said the interim stay is a welcome development given the practical difficulties hotels and restaurants would face if the rule were implemented immediately.

She said the association is not opposed to supporting women employees, but believes there is a need for proper consultation with industry stakeholders before such policies are made mandatory.

What was proposed in the government order

The now stalled government order applies to all permanent, contractual and outsourced women employees between the age of 18 to 52 years. This includes establishments registered under several labor laws including the Factories Act, Karnataka Shops and Commercial Establishments Act, Plantation Labor Act, Beedi and Cigar Workers Act and Motor Transport Workers Act.

The order directed all such establishments to provide one paid leave every month during the menstrual cycle of the employee. The government said the policy was introduced with the intention of improving the health, comfort and work efficiency of women employees. It also stressed that this measure would help increase morale and workplace participation by acknowledging the real physical requirement.

Industry concerns and policy debate

Even before the petition reached the High Court, many private sector organizations had raised objections. Many establishments argued that although the spirit of the rule was admirable, its implementation could prove difficult without additional staffing or financial support. Some expressed concern that mandatory menstrual leave could inadvertently lead to bias in hiring, particularly in areas with long working hours or high customer attendance.

Meanwhile, proponents of menstrual leave argued that acknowledging menstrual health in workplace policy is long overdue, especially in physically demanding jobs. He said many countries and states have already implemented similar measures.

what happens next

Now with the High Court’s interim stay, the government’s menstrual leave directive will remain in abeyance. The Labor Department will have to submit a detailed response defending the scientific, social and welfare rationale behind the rule at an upcoming hearing.

The final decision will likely influence the discussion on menstrual leave not just in Karnataka but across the country, as states and private companies are closely watching to see how India’s courts proceed at the intersection of workplace rights, gender equality and industry practicality.