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Indonesian Government Introduces Draft Women's Maternity Leave

In 2022, the Indonesian government issued a draft bill (KIA Draft Bill 2022) on Mother and Child Welfare (Kesejahteraan Ibu dan Anak - "KIA"), which outlines the rights and obligations of mothers and children, among other provisions related to their welfare. Recently, Indonesia's House of Representatives (Dewan Perwakilan Rakyat/DPR) and administration have finished negotiations on the new legal framework, which will be presented at an upcoming plenary meeting with a title change “KIA Draft Bill 2024.” Numerous rules pertaining to the fulfilment of mothers' and children's rights, particularly those of working moms, are applicable to employers under the new framework of the KIA Draft Bill 2024.

Maternity Leave

The table below provides an overview of maternity and paternity leave covered in the KIA Draft Bill 2024.

Holiday type

Holiday

Condition

Maternity leave

3 months

-

3-6 months

  1. Mother experiences health problems
  2. Mother experiences postpartum compilations
  3. Miscarriage

Paternity leave

2-3 days

Applicable to spouses

Miscarriage leaves

1.5 months

none

More than 1.5 months

in accordance with letters from doctors or midwives

Wage

The KIA Draft Bill 2024 addresses exclusively maternity leave in terms of pay, as follows:

Holiday Type

Salary

Maternity leave

First four months

Full wage

Fifth and sixth month

75% wage

Paternity leave

Not specified

Miscarriage leaves

Full wage

In terms of paternity leave, the Manpower Law and Regulation 36/2021 indicate that men would be paid in full for two days of leave to accompany their spouses during the birth.

Facility Support

The KIA Draft Bill 2024 also addresses the kind of facilities and assistance for women and children that companies must provide in the workplace, such as assignment adjustments, working hours and workplaces, health care facilities, nursing rooms, and childcare facilities.

 

Nevertheless, the KIA Draft Bill 2024 does not refer to certain laws and regulations. Still, it is crucial to remember that non-compliance with these things might lead to an industrial relations dispute if they are interpreted as employee rights.

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