On 2 July 2024, the Indonesian government enacted the Law No. 4 of 2024 on Mother and Child Healthcare in the First One Thousand Days of Life (Law 4/2024). The Law 4/2024 aims to ensure equal rights for mothers and children under the 1945 constitution, whilst also addressing high mortality rates among pregnant mothers and children by prioritising the crucial first thousand days during pregnancy and after childbirth. Employers are required to comply with these provisions and provide appropriate facilities for working mothers.
Most notably, the Law 4/2024 entitles mothers to, among others, (i) social welfare benefits, (ii) assistance from husband and family (who can take paid leave from their employer whilst they help out) and/or other assistance during pregnancy, miscarriage and post-pregnancy, and (iii) protection from any kind of violence, discrimination, abandonment, exploitation, derogatory actions, human right violations and other illegal actions.
We set out below several key points under the Law 4/2024.
Maternity and paternity leave
The Law 4/2024 entitles working mothers to a minimum of three months paid maternity leave, which can be extended for a further three months, if there are special circumstances (e.g. if a health issue arises and/or there are complications endangering the mother’s or the child’s health during pregnancy or after childbirth) with a doctor’s authorisation.
During such maternity leave, mothers will receive their full pay for the first four months and 75 per cent for the fifth and sixth months. This is a significant development for employees, since the current Law No. 13 of 2003 on Manpower as amended by Government Regulation in Lieu of Law No. 2 of 2022 (Law 13/2003) only provides for maternity leave for up to six weeks after childbirth.
If mothers experience a miscarriage, they will be entitled to six weeks paid leave or as per the doctor's authorisation . It is worth noting that the employers are prohibited from terminating the employment relationship with the relevant employees during the maternity leave period.
To ensure that the husband is able to help out, the Law 4/2024 also entitles fathers to two days of paternity leave to accompany their wives during childbirth, which can be extended for another three days, based on the agreement with employers. In the event of a miscarriage, fathers also receive two days’ paternity leave.
It is important to note that the leave entitlement under the Law 4/2024 should be read in conjunction with the leave provisions under Law 13/2003. Accordingly, employers must evaluate how this new leave entitlement under Law 4/2024 aligns with the Law 13/2003 and consider necessary adjustments to their internal policies and practices to ensure compliance.
Adequate workplace facilities and potential adjustments to working hours
In addition to maternity and paternity leave, the Law 4/2024 requires employers and those administering public spaces to provide ease of access and adequate facilities to mothers and children. This includes adequate facilities in workplaces.
The minimum facilities to be provided in the workplace must include a health service facility, rooms set aside for breastfeeding, and daycare facilities. This is in keeping with the government’s stated intention to promote breastfeeding from birth until the child reaches six months of age. Employers must ensure that their work facilities include these facilities.
The Law 4/2024 further allows negotiations between employees who are breastfeeding and their employers to adjust working hours and duties, by considering nature of the job and the general working conditions. This provision aims to foster a more flexible and accommodating work environment.
By addressing these needs, the Law 4/2024 aims to promote a supportive workplace culture that benefits both employees and employers, ultimately enhancing work-life balance and productivity. Employers may expect breastfeeding employees to request adjustments to their working hours and duties.
A growing trend in Southeast Asia?
In Southeast Asia, there is a growing focus on enhancing employee well-being, particularly through significant improvements in parental leave policies. Governments in the region recognize the importance of supporting working parents in promoting family welfare and workplace satisfaction. Other examples can be found in Brunei and Singapore.
In Brunei, the Employment Order 2009 guarantees women's rights to maternity leave, including provisions for rest, pay, and protection against termination during this period. The Maternity Leave Regulation 2011 complements this by addressing both pre-and post-natal needs, recently extending entitlements from 56 to 105 days. This regulation is set to be extended to the private sector, marking a significant advancement in maternity protection and support for female employees.
Another example is Singapore, which offers a comprehensive suite of measures under the Marriage and Parenthood Package aimed at supporting parents and enhancing family well-being. Recent enhancements include new paternity leave entitlements and extended unpaid childcare leave. The package also includes financial incentives such as cash gifts, tax rebates, and subsidies for childcare and medical expenses, aiming to achieve a better balance between work and family responsibilities and encourage greater female participation in the workforce.
These regional advancements highlight a significant trend toward enhancing maternity protection and employee well-being throughout Southeast Asia. Whilst Brunei and Singapore have made notable progress with increased maternity leave and supportive measures, Indonesia's recent legislative efforts underscore its alignment with these regional initiatives. Employers across the region should keep across these developments to ensure compliance, foster supportive work environments, and enhance the overall well-being of their employees.
