Understanding the New Policy on Paternity and Maternity Leave in Indonesia

New regulations have been enacted to support working parents in Indonesia. The policy includes extended maternity leave and introduces paternity leave, promoting a more balanced approach to child welfare and strengthening family well-being.

These changes are designed to improve work-life balance, ensuring both parents have the time and support to care for their newborn and manage their family responsibilities.

What is Maternity Leave in Indonesia?

Maternity leave is a period of paid leave granted to new mothers after pregnancy and childbirth. It allows them time to recover physically and emotionally from childbirth and bond with their newborn baby.

This paid maternity leave is crucial for ensuring new mothers have the support they need during this critical time. It provides financial stability while they focus on their recovery and the well-being of their baby.

Benefits of Maternity Leave

Maternity leave offers a multitude of benefits for both mothers and babies:

• Physical and Emotional Recovery: Time allows mothers to heal from childbirth and address any postpartum complications.
• Stronger Mother-Baby Bond: The extended period fosters attachment and promotes breastfeeding.
• Reduced Stress and Anxiety: Time away from work alleviates stress and improves mothers’ mental well-being.
• Improved Child Development: Studies show children whose mothers take more extended maternity leave have better cognitive and social development.

READ MORE:

• Working With A Recruitment Agency In Indonesia: Tips To Follow
• HR Management Indonesia: A Guide To Improve Employee Retention
• What Is Included In Employee Background Check In Indonesia?

New Maternity Leave Regulation in Indonesia

The new Mother and Child Law aims to safeguard the well-being of mothers and children during the crucial first 1,000 days of life, starting from conception. 

This law will become effective upon the President’s signature or 30 days after the House of Representatives passed it on June 4, 2024. Additional regulations are expected to clarify its implementation.

Currently, maternity and paternity leave for working parents are regulated by Law No. 13 of 2003 on Manpower (as amended). The new law stipulates that existing laws will remain in force if they do not conflict with its provisions.

A comparison of these changes is outlined in the table below:

Aspects	Manpower Law	New Mother & Child Law
Maternity Leave Duration
Live Birth	Female employees are granted 1.5 months of leave before childbirth and another 1.5 months after birth.  The Elucidation to the Manpower Law states that this leave may be extended based on medical certificates. Still, it does not specify the duration or payment for such extended maternity leave.	Female employees are granted a minimum of 3 months’ leave following childbirth, which can be extended for an additional three months if medically certified conditions, such as childbirth complications, exist.
Miscarriage	Employees are granted 1.5 months of leave in the event of a miscarriage.	Employees are granted 1.5 months leave in the event of a miscarriage.
Wages During Maternity Leave
Live Birth	Full pay	Employees receive full pay for live births for the first four months and 75% of their regular salary for the fifth and sixth months.
Miscarriage	Full pay	Employees receive full pay for the leave period following a miscarriage.

Introduction of Paternity Leave 

The Mother and Child Law maintains the existing duration of paternity leave but introduces the possibility of extending it by an additional three days if agreed upon. Although the law does not detail payment specifics for paternity leave, it is implied that this leave, including any extensions, should be considered paid.

Furthermore, unlike the new maternity leave provisions, no medical documentation is required to extend paternity leave. Instead, any additional leave is granted at the employer’s discretion and does not establish a mandatory entitlement.

Benefits of Paternity Leave

While this article focuses on maternity leave, it’s essential to acknowledge the growing importance of paternity leave. Fathers also play a vital role in a child’s upbringing, and paternity leave allows them to bond with their newborn and support their partner during this crucial time.

Working Hours and Facilities

The new legislation will permit breastfeeding mothers to negotiate their working hours with employers, aiming to foster a more adaptable work environment.

Moreover, employers must offer sufficient support for breastfeeding employees, including health services, lactation rooms, and daycare facilities. This aligns with promoting exclusive breastfeeding for the first six months.

Indonesia’s proposed legislation represents a significant advancement in supporting mothers, children, and families. By extending maternity leave, introducing paternity leave, and ensuring appropriate workplace facilities for breastfeeding, the government seeks to enhance family health and combat stunting. 

This comprehensive strategy demonstrates a strong commitment to improving the well-being of future generations.

Other Types of Leaves in Indonesia

Indonesia’s leave regulations cover various types, from annual to sick and holiday leave. Here’s an overview:

Annual Leave

Indonesian employees are granted 12 days of paid leave after 12 months. This leave must be specified in company policies. Employees must take at least six consecutive days off annually, with unused leave expiring six months after issuance.

Full-time positions require a 40-hour work week, but exceptions can be made for flexible scheduling. Employees are paid their full salary during the 12 days of leave, and employers can offer additional leave per company policy.

Holiday Leave

Indonesia recognizes 12 to 15 national holidays annually. While not all are mandatory for private employees, employers can choose to offer them. Employees must receive a religious holiday allowance (THR), equivalent to one month’s salary for those employed for a year, and prorated for shorter periods.

Sick Leave

For short-term sick leave, employees can use their annual leave. Long-term sick leave is covered by labor laws: full salary for the first four months, three-quarters for the next four, half for the following four, and 25% after that until a replacement is found.

Family Leave

Significant family events warrant paid leave: three days for an employee’s wedding, two days for a child’s baptism or wedding, one day for the death of a household family member, and two days for the death of a spouse, parent, in-law, or spouse.

Work-related Injuries

Insurance policies generally cover work-related injuries. As per company insurance terms, employees on sick leave due to such injuries need a doctor’s note for compensation.

Other Leave

Employers must provide leave for job-related training, union activities, and national elections, which are observed every five years.

Simplify Maternity Leave and HR Process with InCorp

Understanding and navigating the legalities of maternity leave, especially with recent changes, can be complex. InCorp Indonesia (an Ascentium Company) can significantly ease this burden:

• Expert Guidance: We explain recent changes to maternity leave regulations and ensure you receive all entitled benefits.
• Reduced Burden: Our Employer of Records and HR services handles maternity leave compliance, payroll, and other HR responsibilities so you can concentrate on running your business.
• Full Compliance: We guarantee adherence to Indonesian labor laws, ensuring a smooth and compliant HR experience.

Focus on your core business objectives, and let InCorp handle the complexities of HR in Indonesia. Fill in the form below to learn how we can support your business growth.