On 2 July, 2024, Indonesia House of Representatives (DPR RI) enacted the Law No. 4 of 2024 on the Welfare of Mothers and Children (“KIA Law”). Some of the key features for employer regarding this regulation is the provision of a six-month maternity leave for new mothers[1] and the right of fathers take leave to support their spouses during childbirth.[2]
The general overview of the KIA Law are as follows:
Article 4 mandates that companies shall respect her entitlement to a six-month maternity leave.[3] According to Article 4.3.a, this leave includes a minimum of three months and up to an additional three months, if needed for special conditions, as verified by a doctor’s note.[4] The special conditions that must be confirmed through a doctor's note include:[5]
As outlined in Article 5.2, during this period mothers are entitled to continue receiving their salary from their employer as follows: [6]
Additionally, working mothers who experience a miscarriage are entitled to 1.5 months of leave, or as recommended by a medical professional, whether a doctor, obstetrician, gynecologist, or midwife.[7]
Mothers who exercise their rights as outlined in Article 4.3, Letters a and b, cannot be terminated from their jobs and must continue to receive their entitlements as specified by employment laws.[8] If a mother, is dismissed from her job and/or does not receive her entitled benefits, the Central Government and/or Regional Government will provide legal assistance according to relevant legal regulations.[9]
In addition to establishing maternity leave for working mothers, the KIA Law also obliges companies to grant husbands leave to support their wives. Article 6.2 specifies that husbands are entitled to: [10]
Beyond this, husbands are given sufficient time to accompany their wives and/or children for the following reasons: [11]
While on leave, husbands are required to help maintain the health of their wife and child, ensure they receive adequate and balanced nutrition, support the provision of exclusive breastfeeding for the first six months, and assist in obtaining necessary health and nutrition services.[12]
The enactment of the KIA Law intends to guarantees that new mothers will not face discrimination during childbirth.[13] However, it appears that the impact of the KIA Law on Employment Law will not be significant.
To illustrate, under the previous regulation established by Article 82 of Law No. 13 of 2003 on concerning Employment (“Employment Law”), maternity leave consisted of 1.5 months before and 1.5 months after childbirth.[14] The new legislation stipulates that maternity leave must be a minimum of three months, with the possibility of extending up to an additional three months if special conditions are present and verified by a medical certificate.[15] This essentially means that the standard duration for maternity leave still remains for three months, while the additional three months will be given based on a doctor's note.
The same principles apply to paternity leave. The KIA Law introduces additional regulations, but these changes are not very significant to the Employment Law. Similar to the new KIA Law, Article 93 of Employment Law also provides for two days of paid leave for husbands whose wives are in labor or experiencing a miscarriage.[16] However it needs to be noted that unlike the Employment Law, the additional regulations under the KIA Law specify that husbands are entitled with the possibility of extending this to three days or as mutually agreed.[17] In the event of a miscarriage, they are also entitled to two days of leave.[18] Furthermore, the KIA Law stipulates that husbands must be granted sufficient time to support their wives and/or children in various circumstances.[19]
The primary concern in this regulation that should be noted is that the KIA Law added additional requirements for company to accommodate working mothers. KIA Law mandates the provision of essential health and nutrition services, as well as lactation support during work hours for working mothers.[20] It also requires that adequate time be allocated for the child's best interests and ensures access to affordable and conveniently located child care. [21] Alongside these facilities, support for working mothers must also include adjustments to their tasks, working hours, and/or work location, tailored to their individual needs and work performance objectives.[22]
Lastly, Article 31 details the penalties for employers who fail to provide adequate accommodations, facilities, and infrastructure for pregnant employees. It explained that employers who do not comply with the requirements set out in Article 30 will face guidance and/or administrative sanctions in accordance with relevant regulations.[23] However, as of August 2024, no new regulations for the implementation of the KIA Law have been issued, and no draft regulations have been published. Therefore, it is necessary to continue monitoring the regulation closely.
[1] Law Number 4 of 2024 concerning the Welfare of Mothers and Children in the First Thousand Days of Life (“KIA Law”), Article 4.
[2] Article 6 of KIA Law.
[3] Article 4 of KIA Law.
[4] Article 4.3.a of KIA Law.
[5] Article 4.5 of KIA Law.
[6] Article 5.2 of KIA Law.
[7] Article 4.4 of KIA Law.
[8] Article 5.1 of KIA Law.
[9] Article 5.3 of KIA Law.
[10] Article 6.2 of KIA Law.
[11] Article 6.3 of KIA Law.
[12] Article 6.4 of KIA Law.
[13] Article 5.1 of KIA Law.
[14] Law Number 13 of 2003 concerning Employment (“Employment Law”), Article 82.
[15] Article 4 of KIA Law.
[16] Article 93 of Employment Law.
[17] Article 6.2.a of KIA Law.
[18] Article 6.2.b of KIA Law.
[19] Article 6.3 of KIA Law.
[20] Article 4.3.c and Article 30.3 of KIA Law.
[21] Article 4.3.d of KIA Law.
[22] Article 30.4 of KIA Law.
[23] Article 31 of KIA Law.
