Enactment of KIA Law: Enhancing Employee Protection through New Maternity Leave Provisions
The House of Representatives of the Republic of Indonesia or Dewan Perwakilan Rakyat Republik Indonesia (“DPR”) has recently approved the Bill on Maternal and Child Welfare in the First Thousand Days of Life (“KIA Law”) into law during the 19th Plenary Meeting of DPR Year 2023-2024 held on 4th June 2024. This historic law confirms the Indonesian government’s commitment to protecting the rights and improving the welfare of mothers and children.
This article delves into the provisions related to maternity leave in Indonesia as regulated in Law Number 13 of 2003 concerning Employment, as partially amended by Government Regulation in Lieu of Law Number 2 of 2022 and subsequently ratified through Law Number 6 of 2023 (“Employment Law”), and explores the development and requirements of this right under the newly enacted KIA Law.
Read More: Employment Contract
- Status Quo of Maternity Leave in Indonesia’s Employment Law
Pursuant to Article 82 of the Employment Law, female employees are entitled to a total of 3 (three) months of maternity leave, during which they are entitled to full wages, with the following details:Maternity Leave Period of Leave Before the estimated date of delivery determined by an obstetrician or midwife 1.5 (one point five) months After they give birth 1.5 (one point five) months Please note that there is a possibility that the maternity leave is extended based on a letter from an obstetrician or midwife, either before or after giving birth. However, the Employment Law does not specify the length of maternity leave extension or the conditions under which an obstetrician or midwife is allowed to grant such extension.
Furthermore, the Employment Law also provides employees who experience a miscarriage the right to a rest period of 1.5 (one and a half) months, or a rest period as stated in a medical statement issued by an obstetrician or midwife.
On the other hand, Article 93 para. (4) of the Employment Law entitles an employee (the husband) whose wife gives birth or experiences a miscarriage to a maximum of 2 (two) days of paid accompaniment leave
Read More: Dynamics of Fixed-Term Employment Agreements - Development of Maternity Leave Provisions in KIA Law
Expanding upon the maternity leave stipulations outlined in the Employment Law, the KIA Law further elaborates under which conditions employees are entitled to maternity leave, as follows:- Maternity Leave of Up To 6 (six) Months
Pursuant to Article 5 of the KIA Law, employees are entitled to a minimum of 3 (three) months of maternity leave, which can be extended up to 6 (six) months under certain conditions. It is important to note that a maternity leave of 6 (six) months can only be granted if there are special conditions evidenced by a doctor’s letter i.e., (i) the mother experiences health problems, postpartum complications and/or miscarriage; and/or (ii) the child is born with health problems and/or complications.
- Protection of Employees’ Rights During Maternity Leave
The KIA Law also emphasizes the safeguarding of employees’ rights during maternity leave. Article 5 para. (1) of the KIA Law explicitly prohibits the dismissal of employees during maternity leave and ensures they retain their rights as outlined in Indonesia’s employment regulations. Additionally, Article 5 para. (2) of the KIA Law guarantees employees full wages in the first four months of maternity leave and 75% (seventy-five percent) of their wages in the fifth and sixth months of their maternity leave.
- Accompaniment Leave for Employees Whose Wives Give Birth or Experience a Miscarriage
Supplementing the existing provisions in the Employment Law, the KIA Law provides more detailed provisions on accompaniment leave (cuti pendampingan) for employees (the husbands) whose wives give birth or experience a miscarriage.Pursuant to Article 6 para. (2) of the KIA Law, the details of the husband’s accompaniment leave are as follows:Accompaniment Leave Period of Leave During the working period of the female employee 2 (two) days, which can be extended up to 5 (five) days afterward or according to agreement with their employer If the female employee experiences a miscarriage 2 (two) days Furthermore, Article 6 para. (3) of the KIA law also entitles employees to sufficient time to accompany their wife and/or child under certain conditions i.e., (i) the employee’s wife experiences health problems after giving birth, postpartum complications and/or miscarriage; (ii) the child is born with health problems and/or complications; (iii) the employee’s wife who gives birth dies; and/or the (iv) the child who is born dies. However, it is to be noted that the KIA Law does not further regulate the specific length for the husband to accompany his wife or child.
- Maternity Leave of Up To 6 (six) Months
Read More: Employment in Indonesia
That being said, while the enactment of the KIA Law arguably represents a positive step in safeguarding the rights of employees in Indonesia, we anticipate that its implementation may influence the market in that it affects employers’ perspectives, including budgetary considerations, hiring processes, and overall business development.
To gain comprehensive insight and expert guidance in navigating the provisions of employment practices in Indonesia, ADCO Law stands ready to provide the necessary assistance. Stay well-informed and maintain compliance to ensure equitable treatment and support for your workforce in Indonesia.
For further details regarding the implementation of maternity leave and the protection of employees’ rights in Indonesia’s employment landscape, feel free to reach out to our firm.
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