Following its proposal as a DPR Initiative Bill in 2022, the Draft Law on the Welfare of Mothers and Children/Kesejahteraan Ibu dan Anak (“KIA”) during the First Thousand Days of Life (“KIA Law”) has become a significant legal statute, enacted during the 19th DPR RI Plenary Session for the 2023-2024 period. This landmark KIA Law is a pivotal advancement in enhancing the welfare of mothers and children.
The Ministry of Health prioritizes reducing maternal and infant mortality. It implements various programs supporting health before, during, and after pregnancy, including care for premature and low birth weight ("LBW") infants. The law addresses health measures, ensures comprehensive protection for mothers and children, and establishes regulations to foster a conducive environment for children's growth and development. The KIA Law aims to serve as a foundation for additional legal frameworks specifically safeguarding mother and child welfare.
Over the next two years, several legal instruments are expected to be issued to support the KIA Law's implementation, including:
- Government Regulation concerning Support for Maternal and Child Welfare Implementation
- Government Regulations on Planning, Implementation, Development, Supervision, and Evaluation
- Government Regulations on Management of Data and Information concerning Maternal and Child Welfare
- Presidential Regulation on Cross-Sectoral and Functional Coordination.
This publication focuses on the rights of working mothers and the corresponding employer obligations under the KIA Law. In addition to general maternal rights, working mothers specifically are entitled to:
- A maternity leave period, which includes:
- A minimum of three months post-birth
- An additional three months in cases of postpartum complications, health issues following miscarriage, or newborn health complications.
- 1.5 months of rest, supported by a medical statement following a miscarriage
- Access to adequate health and nutritional care facilities, including lactation rights during working hours
- Sufficient time off for child-related necessities, as stipulated in employment agreements or collective bargaining agreements
- Access to affordable childcare facilities.
It is important to note that during the maternity leave period, working mothers are entitled to:
- Full wages for the first four months
- 75 percent of wages for the fifth and sixth months.
Furthermore, during this period, working mothers cannot be dismissed from their employment and must receive their rights in compliance with the Employment Law. Those facing employment termination or rights violations are entitled to legal assistance from government authorities.
Violations concerning the implementation of maternity leave rights may subject the employer to criminal sanctions, including:
- Imprisonment ranging from one year to four years
- Fines between IDR 100 million to IDR 400 million.
Employers, facility providers, and managers must ensure the availability of:
- health service facilities
- lactation rooms
- childcare facilities in the workplace, public spaces, and on public transportation.
The role of employers is crucial in adjusting work assignments, hours, and conditions to support working mothers effectively. Criminal sanctions for non-compliance with exclusive breastfeeding program requirements, as mandated by the Health Law, include:
- A maximum prison sentence of one year
- A fine up to IDR 50 million.
The new rights and obligations introduced by the KIA Law necessitate active participation from the government, society, and labor unions to ensure proper implementation and mitigate potential negative impacts on employment practices for women.
In the absence of specific implementing regulations, companies are advised to establish clear guidelines through bipartite negotiations to address unresolved issues, thereby minimizing potential losses for both employees and employers.
While the KIA Law is designed to improve welfare for mothers and children, it is essential to consider its long-term implications to prevent potential exploitation of the provisions and to balance maternal welfare with workplace productivity.
If you have any questions or require any additional information, please contact Hanim Hamzah and Andina Sitoresmi of Roosdiono & Partners (in association with KPMG Law).
This alert is for general information only and is not a substitute for legal advice.
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