Karnataka High Court Stays Government's One-Day Paid Menstrual Leave Order For Women Employees

In a significant development, the Karnataka High Court on Monday issued an interim stay on the state government's notification granting one day of paid menstrual leave to women employees, citing procedural concerns. The order was passed by a bench headed by Justice Jyoti Mulimani while hearing a petition filed by the Bengaluru Hotels Association (R), which has challenged the validity of the government's decision. The court has stayed the notification until the next date of hearing.

The Labour Department of the Karnataka government had issued the notification on November 20, 2025, proposing the implementation of one day of paid leave for women during their menstrual cycle. However, the hotel association approached the High Court, contending that the order would cause serious operational difficulties for the hospitality industry.

Petitioners Argue Order Was Issued Without Legal Backing

During the hearing, counsel appearing for the petitioner submitted that the state government had attempted to introduce a rule not provided for under any existing law through a unilateral executive order.

“This unilateral order will cause severe problems for the hotel industry. The government did not seek the opinion of any associations or stakeholders before issuing the notification,” the petitioner's counsel argued before the court.

Court Questions Lack of Consultation With Stakeholders

After hearing the submissions, the High Court directly questioned whether the opinions of relevant organisations were sought prior to issuing the notification. In response, the counsel for the Bengaluru Hotels Association replied in the negative.

Taking note of the submission, the bench expressed concern over the absence of stakeholder consultation and subsequently issued an interim stay on the government's order until the matter is heard in detail.

Notice Issued to Government, Scope for Modification Open

The High Court has also issued notice to the state government, directing its counsel to file objections to the petition. At the same time, the bench clarified that the government is at liberty to seek modification of the interim stay order, if it deems fit.

While the notification was described as a progressive labour welfare measure, it has, for now, run into legal and procedural hurdles. The court will decide at the next hearing whether the government's action falls within the legal framework.

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