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Maternity Leave Rules for Employees in Indonesia
Explore the rules surrounding maternity leave in Indonesia, including the duration, pay, and legal provisions for pregnant workers.
Updated Jul 16, 2024
Maternity Leave Rules for Employees in IndonesiaWhat are the latest regulations for the duration of maternity leave in Indonesia? Let's look at the following review.
For women, pregnancy and childbirth are significant moments in their lives. It's not surprising that they want to spend this time well and prioritize it, including the issue of maternity leave in Indonesia. Female workers in Indonesia are entitled to 1.5 months of leave before giving birth and 1.5 months after giving birth, with full pay. This is stipulated in Law No. 13 of 2013 concerning Employment and the Job Creation Law.
President Joko Widodo (Jokowi) signed this Law on July 2, 2024. The rule is written in Law No. 4 of 2024 concerning the Welfare of Mothers and Children in the First Thousand Days of Life, specifically in Article 4, Paragraph 3, letter a, which states that mothers who are workers are entitled to a maximum of 6 months of leave if they are pregnant and give birth. The shortest maternity leave is 3 months, with an additional 3 months granted if special conditions arise, as proven by a doctor's certificate.
Pros and Cons of Extending Maternity Leave in Indonesia
The World Health Organization (WHO) recommends 6 months of leave for working women so babies can get exclusive breastfeeding. Many want the Supreme Court to make this a national policy. Studies show that 6 months of leave helps new mothers adjust and supports their babies' growth.
This leave improves children's quality of life by allowing mothers to breastfeed without worry. It is seen as beneficial for the nation's future, as healthy children will positively impact the quality of human resources.
The MCH Law allows women more time to care for and nurture their children, ensuring they receive sufficient nutrition for growth and development. Government Regulation No. 33 of 2012 states that workplaces must support exclusive breastfeeding programs by providing lactation rooms and opportunities for breastfeeding working mothers. Companies ignoring this regulation face serious consequences, including fines and possible revocation of their business license.
Maternity Leave Rights for Female Employees
The regulations governing maternity leave are included in the Job Creation Law, with no changes from Law No. 13 of 2003, Article 82 concerning Employment. Female workers or laborers are entitled to:
- 1.5 months of leave before giving birth and 1.5 months after giving birth according to the obstetrician or midwife's calculations.
- In the case of a miscarriage, they are still entitled to 1.5 months of leave, as verified by a doctor or midwife.
Law No. 13 of 2003, Article 93, states that a worker or female laborer who does not work due to childbirth is entitled to wages, and the company is obligated to provide them. Additionally, Article 73, Paragraph 2, prohibits employers from employing pregnant female workers or laborers between 23:00 and 07:00 if it could endanger the health and safety of the womb or the worker herself.
If the company does not provide 3 months of maternity leave or wages during maternity leave, it will face sanctions, including imprisonment for 1 to 4 years or fines ranging from IDR 100,000,000 to IDR 400,000,000, as explained in Article 185 of Law No. 13 of 2003 concerning Employment.
Some companies offer longer maternity leave and ensure the welfare of female workers by providing special lactation rooms and childcare facilities in the office. The MCH Law guarantees working mothers 6 months of leave after giving birth with a salary.
Article 4, Paragraph (3), states that every working mother is entitled to 6 months of leave under the following conditions:
- The first 3 months are the shortest.
- The next 3 months are given if there are special conditions, as proven by a doctor's certificate.
The additional 3 months of leave are for mothers with special conditions as regulated in Article 4, Paragraph (5):
- Mothers who experience health problems and/or complications or miscarriages.
- Mothers whose children experience health problems, complications, and/or health issues.
This regulation guarantees mothers will still receive a salary during the leave period, as stated in Article 5, Paragraph (2). The wage payment provisions for mothers who take 6 months of maternity leave are:
- Full pay for the first 3 months.
- Full pay for the fourth month.
- 75% of wages for the fifth and sixth months.
Male workers whose wives give birth are entitled to 2 days of leave with full pay according to their company's regulations. This leave is regulated in Article 93, Paragraph 4 of Law No. 13 of 2013 and is given for reasons such as reducing postpartum depression in mothers, helping maintain household integrity, and increasing bonding between father and child from birth.
Terms and How to Apply for Maternity Leave
The conditions and method for applying for maternity leave typically follow the policies of each company. Generally, workers need to provide prior notification, both in writing and orally, to management and their superiors.
A maternity leave request letter should be accompanied by a doctor's or midwife's certificate, indicating the minimum number of recovery days required after childbirth. After giving birth, workers must inform the company about the birth of their child, facilitating the management of benefits such as health insurance, hospital reimbursement, and care costs during childbirth.
When is it Best to Take Maternity Leave?
According to Labor Law No. 13 of 2003, pregnant workers have the right to take 1.5 months of maternity leave before giving birth, typically at 36 weeks of pregnancy. However, the best time to start maternity leave varies for each individual, depending on the pregnancy's health condition. Doctors may advise starting maternity leave earlier, considering the mother and fetus's health.
Ideal Length of Maternity Leave
The ideal length of maternity leave varies. Experts recommend 40 weeks or about 10 months to avoid complications. However, other research suggests that 3 months of leave after childbirth and one month before is sufficient for the long-term health of the mother and baby. Many studies conclude that the ideal length of maternity leave is at least 4 months or 120 days: one month before delivery and 3 months after delivery.
FAQ About Maternity Leave
How long is maternity leave?
According to written regulations, pregnant mothers are entitled to 3 months of mandatory maternity leave provided by the employer. However, in special conditions such as when the mother or child faces health issues after childbirth, the mother is entitled to an additional 3 months of leave, making it a total of 6 months.
Do people on maternity leave still get paid?
While the female employee is on maternity leave, she is entitled to receive her full wages. So, even during maternity leave and childbirth, you still receive your full salary.
When should one take maternity leave?
Some decide to take leave starting from the 8th month of pregnancy, while others wait until nearing the estimated due date (EDD). The decision to take maternity leave is usually based on health conditions and agreements with the company where the pregnant employee works.
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Lavtania
Digital Marketing Executive at Epicareer
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