8.3. Leave and Public Holidays

11 Oct 2014

Indonesian law provides time off for public holidays, as well as for annual leave, sick leave, maternity leave, and other types of leave. Arrangements for leave may be regulated under work agreements, company regulations or collective bargaining agreements.

LEGAL REFERENCE:

MANPOWER ACT NO. 13 OF 2003, ARTS. 79- 85, 93, 153 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 79- 85, 93, 153]

8.3.1. Annual Leave

Workers are entitled to 12 days of paid time off for annual leave after 12 months of continuous service. Arrangements for annual leave may be specified in work agreements, company regulations or collective agreements.

LEGAL REFERENCE:

MANPOWER ACT NO. 13 OF 2003, ARTS. 79, 84 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 79, 84]

8.3.2. Sick Leave

Absence from work due to illness or injury should not be deducted from the workers’ days of annual leave.

Employers must provide continuous leave to workers who are ill if they provide a written statement from their doctor. The wage received by the workers should be as the following:

Percentage of wages to be paid Period of absence
100% The first 4 months
75% The second 4 months
50% The third 4 months
25% Subsequent months

Female workers are entitled to paid leave on the 1st and 2nd days of menstruation if they are ill and they cannot perform their work.

LEGAL REFERENCE:

MANPOWER ACT NO. 13 OF 2003, ARTS. 81, 93 AND EXPLANATORY NOTE TO ART. 93(2) [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 81, 93 DAN CATATAN PENJELASAN PASAL 93(2)]

8.3.3. Personal Leave

Employers must provide paid time off for personal leave as follows:

Reason for Leave Days of Paid Leave
Worker’s marriage 3 days
Marriage of worker’s child 2 days
Son’s circumcision 2 days
Child’s baptism 2 days
Wife gives birth or has a miscarriage 2 days
Death of worker’s spouse, child, child-in-law, parents or parents-in-law 2 days
Member of worker’s household dies 1 day

LEGAL REFERENCE:

MANPOWER ACT NO. 13 OF 2003, ARTS. 93 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 93]

8.3.4. Maternity Leave and Breastfeeding Time

Women are entitled to receive full wages during maternity leave, including 1.5 months before the birth and 1.5 months after the birth, as certified in writing by an obstetrician or midwife.

In the event of a miscarriage, the worker is entitled to 1.5 months of paid leave or as certified in writing by an obstetrician or midwife.

The duration of leave for giving birth (before and after) and miscarriage can be extended subject to recommendation by a doctor.

Employers must provide opportunities and special facilities for mothers to breastfeed their infant during working hours.

LEGAL REFERENCES:

MANPOWER ACT NO. 13 OF 2003, ARTS. 82-84 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 82, 84]
HEALTH ACT NO. 36 OF 2009, ART. 128 [UU KESEHATAN NO. 36 TAHUN 2009, PASAL 128]

8.3.5. Leave for Certain Obligations

Workers should be paid their wages when they take leave:

  • to fulfil obligations to the State
  • to perform religious obligations
  • to undergo an educational program required by their employer, and
  • to perform union duties with permission from the employer.

LEGAL REFERENCE:

MANPOWER ACT NO. 13 OF 2003, ART. 93(2) [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 93(2)]

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