Law Number 4 of 2024 on Prosperity of Mother and Child in the First Hundred Days Phase of Life (“Law 4/2024”) has been legalized and enacted on 2 July 2024. Law 4/2024 regulates new provisions which are relevant to the rights of employee, particularly for husband.
Separately, Article 93 (4) (e) of Law Number 13 of 2003 on Manpower (as lastly amended by Law Number 6 of 2023 on Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law) regulates the paid parental leave for 2 (two) days while wife is in labor or miscarriage.
Now, Article 6 (2) (a) of Law 4/2024 grants additional 3 (three) days parental leave or according to the consent while wife is in labor. Further, Article 6 (3) of Law 4/2024 specifies that husband is also granted with sufficient period to accompany his wife and/or child under the following reasons:
- the wife suffers from health issues, illness, and/or postpartum complication or miscarriage;
- the new-born baby suffers from health issues, illness, and/or complication;
- the wife passes away during childbirth, and/or
- the new-born baby passes away during childbirth.
Therefore, the employee (particularly husband) is entitled to (a) obtain 5 (five) days parental leave or according to the consent while wife is in labor and (b) obtain sufficient period of parental leave due to the conditions as mentioned in Article 6 (3) of Law 4/2024.
If the company intends to adjust the rights of its employees according to provisions of Law 4/2024 above, the company shall also consider the prevailing provisions under its company regulation, internal policy and/or employment contracts.
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Published by: IABF Law Firm
Published on: 09 July 2024
