Bengaluru: The High Court of Karnataka has stayed the State Government’s Nov. 20 notification mandating one additional paid leave per month for women employees aged 18 to 52 during their menstrual cycle.
Justice M. Jyoti passed the interim order this morning while hearing two separate petitions filed by the Bangalore Hotels’ Association and Avirata AFL Connectivity Systems Ltd., Bengaluru.
The petitioners argued that no existing law empowers the Government to mandate menstrual leave and contended that the notification lacked support from any Legislative framework.
The Judge questioned whether the Government had consulted employers before issuing the order. When the petitioners’ Counsel confirmed that no such consultation had taken place, the Court granted the interim stay.
The plea notes that the Hotels’ Association has around 1,540 active establishments as members, formed to promote and protect the interests of its stakeholders through representation, consultation, advocacy and fostering harmonious labour relations.
The now-stayed notification had directed employers to provide 12 paid menstrual leaves annually to women aged 18-52 covered under the Factories Act, 1948; Karnataka Shops and Commercial Establishments Act, 1961; Plantation Workers Act, 1951; Beedi and Cigar Workers (Conditions of Employment) Act, 1966; and Motor Transport Workers Act, 1961. It also stated that no medical certificate would be required to avail the leave.
