Indonesia has taken a significant step towards promoting gender equality in the workplace with the introduction of Law Number 4 of 2024 on maternal and child welfare, commonly known as the KIA Law. This legislation, ratified on June 4, 2024, marks a crucial milestone in the country's efforts to support working mothers and increase women's participation in the workforce.
Overview of Law Number 4 of 2024
Under Article 4, companies are required to provide a six-month maternity leave entitlement. According to Article 4.3(a), this includes a minimum of three months, with an option for up to an additional three months if special medical conditions are confirmed by a doctor’s note. These conditions, requiring verification from a healthcare provider, include:
Mothers who experience health problems, health disorders, and/or postpartum complications or miscarriage; and/or
Newborns who experience health problems, health disorders, and/or complications.
As per Article 5.2, mothers are entitled to continue receiving their salaries during maternity leave as follows:
100% of their salary for the first three months
100% for the fourth month
75% for the fifth and sixth months
If a working mother experiences a miscarriage, she is entitled to 1.5 months of leave, or as advised by a medical professional, such as a doctor, obstetrician, gynecologist, or midwife.
Mothers who utilize their maternity leave rights under Article 4.3 (a and b) are protected from termination and must receive the benefits specified by employment laws. If a mother is dismissed or denied these entitlements, the Central and/or Regional Government will provide legal assistance in line with relevant regulations.
The Benefit for Working Mothers
The KIA Law guarantees work opportunities for women with children, addressing a long-standing barrier to female employment. It may encourage more women to pursue careers, knowing that their rights as working mothers are legally protected. As Rini Handayani, acting deputy of gender equality at the Ministry of Women's Empowerment and Child Protection, states, "This law is a guarantee for the fulfilment and protection of the rights of mothers and children, especially during the golden period, namely the first 1,000 days of life."
Impact on Employers
For employers and recruiters in Indonesia, this new law presents both opportunities and challenges. On one hand, it opens a broader talent pool by making it easier for mothers to enter or re-enter the workforce. On the other, it may require adjustments to workplace policies and practices to accommodate the needs of working mothers.
Andrew Hairs, CEO of Select Headhunter Indonesia, comments on the potential impact: "The KIA Law represents a significant shift in Indonesia's labor landscape. Employers who embrace this change and create supportive environments for working mothers will likely see benefits in terms of diversity, employee retention, and access to a wider range of skilled professionals."
Conclusion
The KIA Law represents a significant step forward for gender equality in Indonesia's workforce. While it may require adjustments from employers and recruiters, it also opens new opportunities for tapping into a broader talent pool and creating more diverse, inclusive workplaces. As Indonesia moves towards its goal of increased female labor participation, the effects of this law will likely be felt across all sectors of the economy.