Introduction
On July 2, 2024, Indonesia enacted Law No. 4 of 2024 concerning Maternal and Infant Welfare During the First Thousand Days of Life (the “Law”). This landmark legislation introduces comprehensive amendments to labor regulations, aimed at significantly improving the welfare of working mothers and reinforcing paternal support. The primary objective of the Law is to protect the rights of women during motherhood and ensure adequate care for infants in their critical early stages of development.
Maternity Leave Provisions
Under the new legislation, female employees are entitled to maternity leave of up to six months. The Law requires employers to grant a minimum of three months of leave initially. Should special circumstances arise, such as health complications for the mother or child, an additional period of up to three months may be provided, subject to a medical certificate. These circumstances include serious health issues, complications post-birth, or significant health concerns affecting the newborn. This extended leave ensures that working mothers have adequate time to recover and manage any health-related issues effectively.
Miscarriage Leave Entitlements
For employees who experience a miscarriage, the Law provides a leave period of 1.5 months. During this time, the employee is protected from termination and is entitled to remuneration structured as follows: full salary for the first three months, full salary for the fourth month, and 75% of the salary for the fifth and sixth months. This provision ensures that employees dealing with a miscarriage receive financial support and job security during a challenging period, with governmental support available in cases of wrongful termination.
Paternal Leave Rights
Male employees whose spouses are giving birth are entitled to a maximum of five days of leave to provide support. This leave includes a minimum of two days during childbirth, with the option to extend up to three additional days through mutual agreement. In the event of a miscarriage, the Law provides for two days of leave for spousal support. Additionally, employers are required to accommodate sufficient time for male employees to assist their spouses in cases of health complications, post-birth issues, or the death of the mother or child. This provision underscores the importance of paternal support during significant family events and ensures that fathers can play an active role in family care.
Conclusion
Law No. 4 of 2024 represents a significant enhancement of Indonesia’s labor law framework, focusing on the protection and support of mothers and infants during the first thousand days of life. By emphasizing the rights of women and the importance of paternal support, this Law aims to foster a supportive environment for families. Employers must review and adjust their policies to ensure compliance with these new legal requirements.