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.
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 |
|
|
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 |
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.
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.