Enactment of Law No. 4 of 2024 concerning the Welfare of Mothers and Children and Its Impact on the rights of Working Mothers
Authors
The House of Representatives of the Republic of Indonesia recently ratified Law No. 4 of 2024 concerning the Welfare of Mothers and Children in the First Thousand Days (“Law 4/2024”), which was enacted on July 2, 2024. This legislative action marks a significant development focuses on the essential early stages of child development and maternal health. The primary purpose of Law 4/2024 is to ensure the fulfilment of the fundamental rights and needs of mothers and children, including physical, psychological, social, economic, spiritual, and religious aspects. This approach empowers them to thrive and engage fully in their social roles within the development of community life.
This ARMA Update focus on addressing the rights of working mothers and their connection with Law No. 13 of 2003 and its amendments concerning Manpower (“Manpower Law”).
Protection for Working Mothers
Law 4/2024 introduces enhanced protection for female workers who are pregnant or have experienced a miscarriage. As previously regulated under the Manpower Law, working mothers were entitled to a total of 3 (three) months for maternity leave, divided into 2 (two) periods that could be taken before and after childbirth.
With the enactment of Law 4/2024, working female employees are now entitled to an additional 3 (three) months of maternity leave if there are special conditions, supported by a doctor's certificate. These special conditions may include health problems, health disorders, and/or complications, experienced by mother during pregnancy or postpartum or miscarriage; and/or if the child is born with health problems, health disorders, and/or complications.
In addition to the above, working mothers are also entitled to the following:
- 1.5 (one and a half) months of rest or as per a certificate from a doctor, obstetrician, or midwife, in the event of a miscarriage;
- Opportunities and adequate facilities for health and nutrition services, as well as for lactation support during working hours;
- Sufficient time, as needed, for the best interests of the child; and/or
- Affordable childcare facilities in terms of both distance and cost.
Furthermore, Article 5, paragraph (2) stipulates that employers are also obliged to provide following entitlements to workings mothers during their maternal leaves:
- Full wages for the first 3 (three) months;
- Full wages for the fourth month; and
- 75% (seventy-five percent) of the wages for the fifth and sixth months.
Rights for Spouses of Working Mothers
Recognizing the importance of shared parental responsibilities, Law 4/2024 also grants rights to male workers to support their wives during childbirth and postpartum care, through Article 6. From this article, it can be understood that husbands also play a vital role in paternal involvement, which also includes ensuring the health of both the wife and child, provide balanced nutrition, support the wife in exclusive breastfeeding for the first six months, and accompany the wife and child to obtain appropriate health and nutrition services as per the established standards. Further, Husbands are entitled to two days of paternity leave, which may be extended by three additional days, if agreed upon. Furthermore, in the unfortunate event of a miscarriage, Husbands are entitled for two days of paternity leave.
Beyond the immediate needs of childbirth or miscarriage, Law 4/2024 grants husbands additional time to be with their wives and/or children in circumstances where a wife or child experiences health problems, complications, or other medical conditions postpartum. Including in particularly difficult situations, such as severe health crisis, or tragic loss of the wife or child during or after childbirth.
Prohibition Against Detrimental Actions
During the period of leave, employers are prohibited from taking detrimental actions such as termination of employment (“PHK”), requesting the employee to resign, or withholding wages during maternity and/or miscarriage leave.
Article 5, paragraph (1) stated that any mother exercising her rights cannot be terminated from her employment and must continue to receive her entitlements in accordance with the provisions of Manpower Law. In cases where an employer disregards these regulations, the Central Government and/or Regional Government shall provide legal assistance in accordance with the provisions of the prevailing laws and regulations.
Obligations of Employers to Support Working Mothers
Article 30 of Law 4/2024 provides the guidelines for employers, service providers, and facility managers to ensure that facilities, accommodations, and infrastructure are accessible and supportive of both mothers and children, including for people with disabilities. This requirement extends to workplaces, public areas, and modes of public transportation, ensuring that all environments are conducive to the well-being of mothers and children.
In workplaces, employers must now offer certain facilities, including health service facilities, lactation rooms, and daycare centers. Failure to comply with the provisions shall be subject to guidance and/or administrative sanctions in which will be further regulated under the implementing regulations of Law 4/2024. Furthermore, Law 4/2024 calls to support working mothers through adjustments in duties, working hours, and even the location of work, all while considering the conditions and work performance targets. This ensures that mothers can balance their professional responsibilities with their maternal duties without undue hardship.
Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.
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