Indonesia has enacted wide-ranging new legislation on maternal and child welfare for the first 1,000 days of a child’s life (the “KIA Law”). In the employment sphere, this imposes a variety of new obligations on employers while simultaneously clarifying a number of existing ones.

From employers’ perspective, five aspects of the KIA Law are of particular interest.

Maternity Leave Entitlements

While the existing Manpower Law provides a female employee with the right to one and a half months’ leave before childbirth and one and a half months afterward (extendable without limit based on a doctor’s or midwife’s recommendation), the KIA Law stipulates that the three-month maternity leave entitlement can be extended by up to three more months. The additional leave may only be used in special circumstances, such as maternity-related health issues, postpartum complications, miscarriage, or the birth of a child with a health disorder or medical complication. All these circumstances need to be evidenced by a doctor’s certificate.

Additionally, in the event of a miscarriage, the employee is entitled to recuperation leave of one and a half months or longer, based on a certificate from a doctor, obstetrician, or midwife.

Obligation to Pay Salary During Extended Maternity Leave

The KIA Law also clarifies an employer’s obligation to pay an employee who takes extended maternity leave. The employee’s full pay must be provided during the first month of extended leave, with the amount...

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