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:
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]
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:
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]
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]
Workers should be paid their wages when they take leave:
LEGAL REFERENCE:
MANPOWER ACT NO. 13 OF 2003, ART. 93(2) [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 93(2)]