The enactment of Law No 4 of 2024 concerning Mother and Child Welfare in the First 1,000 Days of Life Phase (the KIA Law) marks a significant step towards government support in promoting the health of a mother and child, with the aim of reducing the country’s stunting rate. The government has revised its stunting rate target for 2024 to be less than 20%.
The following provides a brief insight of the KIA Law.
Has the KIA Law come into effect and when will implementing regulations be established?
Article 46 of the KIA Law states that the law comes into effect on the date of its enactment, ie on 2 July 2024.
Article 45(1) requires the government to establish the implementing regulations not later than 2 years from the date of enactment.
What is the definition of “children” under the KIA Law?
Article 1 of the KIA Law defines “children” as persons whose life begins from the formation of the fetus in the womb until they are 2 years old.
How many days are female employees entitled to maternity leave under the KIA Law?
Article 4(3) of the KIA Law states that female employees are allowed to take maternity leave for 3 months with a maximum extension of another 3 months, accounting for a 6-month period of maternity leave, under special conditions as evidenced by a doctor’s certificate. Pregnant women who experience miscarriage are entitled to a break from their job for a period of 1.5 months or for a period stated in the certificate from doctors, obstetricians, gynecologists or midwives.
According to art 4(5), the special conditions include:
- mothers who experience health problems, health issues, and/or postpartum complications or miscarriage, and/or
- children who are born while experiencing health problems, health issues and/or complications.
What does the KIA Law stipulate about payment of salary for female employees during maternity leave?
Article 5(2) of the KIA Law states that a female employee is entitled to 100% of her wage up to the fourth month and 75% of her wage on the fifth and sixth months of her maternity leave.
Does the KIA Law protect female employees from being terminated from their jobs?
Article 5(1) and (3) of the KIA Law mandate legal protection for female employees taking maternity leave for giving birth or recovering from a miscarriage, barring them from being fired from their jobs during the leave. Female employees who are terminated from their employment and/or who fail to be granted their rights will also be provided with legal assistance by the central government and/or relevant regional governments.
How many days of paternity leave are male employees entitled to and can they extend their leave?
Article 6(2) of the KIA Law states that male employees are entitled to 2 days of paternity leave and this may be extended for another 3 days at the maximum or based on an agreement between the working father and his employer. Therefore, they may have a paternity leave period of more than 5 days if there is mutual agreement with the employer.
Husbands whose wives experience a miscarriage are also entitled to 2 days of leave.
Are male employees entitled to take additional time to support their wives and/or children in addition to paternity leave?
Article 6(3) of the KIA Law states that male employees shall be given sufficient time to accompany their wives and/or children in the following circumstances:
- wives who experience health problems, health issues and/or postpartum complications or miscarriage
- children who are born while experiencing health problems, health issues and/or complications
- wife who gave birth and passed away, and/or
- newly born children who passed away.
How do employers in the workplace support female employees who are breastfeeding?
Article 30 of the KIA Law states that employers should provide adequate support for female employees who are breastfeeding and ensure the availability of:
- health service facilities
- lactation rooms
- daycare facilities.
The law provides an opportunity for female employees who are breastfeeding and their employers to negotiate adjustments to working hours and duties. Support shall also be given to working mothers in the form of adjustments to duties, working hours and/or workplaces while still paying attention to conditions and work performance targets.
What is the sanction for violating the provisions of maternity, paternity and miscarriage leave?
According to arts 185 and 186 of the Law on Manpower, an employer who violates the provisions of maternity, paternity and miscarriage leave will be liable to:
- imprisonment of between one month and 4 years, and/or
- a monetary fine of between Rp100 million and Rp400 million.
The KIA Law does not provide any specific sanctions for non-compliance by employers.
Takeaways
Employers should ensure their employment agreements, company regulations and policies and/or collective labour agreements comply with the provisions of the KIA Law and with prevailing Indonesian laws and regulations.
