Garment: Family Responsibilities

LEAVE FOR FAMILY PURPOSES FOR GARMENTS WORKERS

1. Does the labor law regulate leave for family purposes?
2. What kinds of events allow paternity leave? 
3. Are male workers who are single parents allowed to take special leave to take care of their children?

PARENTAL LEAVE IN GARMENT SECTOR

1. Do garment workers get paid leave to take care of their children’s purposes?
2. Are they any regulations regulating leave entitlement for workers adopting newborn babies? 
3. Are garment workers entitled to leave for taking care of children who are sick?

LEAVE FOR FAMILY PURPOSES FOR GARMENT WORKERS

IS THERE ANY EMPLOYMENT LAW REGULATING LEAVE FOR FAMILY PURPOSES?

Yes, Law No. 13 of 2003 on Manpower (UU 13/2003) in Article 93 paragraph (4) and Law No. 4 of 2024 on the Welfare of Mothers and Children in the First Thousand Days of Life (UU KIA) affirm that workers are entitled to leave for important reasons and will still be paid in full (basic wage + fixed allowances). Important reasons include family needs, such as:

1. Worker getting married: paid for 3 (three) days
2. Marrying off a child: paid for 2 (two) days
3. Circumcising a child: paid for 2 (two) days
4. Baptizing a child: paid for 2 (two) days
5. Wife giving birth: paid for 2 (two) days and can be granted up to an additional three days as agreed
6. Wife experiencing a miscarriage: paid for 2 (two) days
7. Spouse, parents/in-laws, children, or children-in-law passing away: paid for 2 (two) days
8. Family member living in the same household passing away: paid for 1 (one) day.

WHAT KINDS OF LEAVE CAN BE CONSIDERED AS PATERNITY LEAVE?

Paternity leave includes leave when the wife gives birth, which is granted for 2 (two) days and can be extended for up to 3 (three) additional days as agreed. Similarly, if the wife experiences a miscarriage, paternity leave is granted for 2 (two) days. The reason for specifying paternity leave is that it is specifically intended for fathers/husbands whose wives are giving birth or experiencing a miscarriage. Many companies have their own regulations that implement paternity leave beyond the provisions of the Manpower Law and the Maternal and Child Welfare Law (UU KIA). 

ARE MALE WORKERS WHO ARE SINGLE PARENTS ALLOWED TO TAKE SPECIAL LEAVE TO TAKE CARE OF THEIR CHILDREN?

Yes. The Maternal and Child Health Law (UU KIA) emphasizes this with regulations stating that husbands are given sufficient leave, in addition to leave to accompany their wives during childbirth or miscarriage, in the event that the wife dies during childbirth.

Provisions regarding special leave as described above have long been recommended by two ILO Conventions that have not yet been ratified by Indonesia, namely:

1. ILO Convention No. 156 of 1981 on Workers with Family Responsibilities: This convention aims to create equality of opportunity and treatment for both male and female workers with family responsibilities, allowing them to exercise their rights in fulfilling those responsibilities without discrimination and, as far as possible, to be protected without conflicts between work and their responsibilities.
2. ILO Recommendation No. 191 of 2000 as a Supplementary Provision to ILO Convention 183 on Maternity Rights: It states that if a mother dies before her postnatal leave ends, or if she is ill or hospitalized after giving birth and before her leave ends and cannot care for her baby, then the father (the worker) of the baby is entitled to leave for the same duration as the remaining leave period of the mother after childbirth to care for his child.

PARENTAL LEAVE IN GARMENT SECTOR

DO GARMENT WORKERS GET PAID LEAVE TO TAKE CARE OF THEIR CHILDREN’S PURPOSES?

Yes. Article 93 paragraph (4) of Law No. 13/2003 states that workers may take paid leave for important reasons, including those related to their children, such as:

1. Marrying off a child: entitled to 2 (two) days of paid leave
2. Circumcising a child: entitled to 2 (two) days of paid leave
3. Baptizing a child: entitled to 2 (two) days of paid leave
4. Wife giving birth: entitled to 2 (two) days of paid leave, with the possibility of an additional three days as agreed
5. Wife experiencing a miscarriage: entitled to 2 (two) days of paid leave
6. Spouse, parents/in-laws, children, or children-in-law passing away: entitled to 2 (two) days of paid leave.

Are they any regulations regulating leave entitlement for workers adopting newborn babies?

The Maternal and Child Welfare Law (UU KIA), which was just passed in 2024, stipulates that the provisions in this law, including those related to maternity leave, apply to both working mothers and fathers who adopt a child.

This provision has long been advocated by ILO Recommendation No. 191 of 2000 as a Supplementary Provision to ILO Convention 183 on Maternity Rights, which clearly states in paragraph 10, "In the case of a worker adopting a child, the adoptive parents should have equal access to the protection system offered by this Convention, particularly regarding leave, benefits, and job protection."

Unfortunately, neither the Recommendation nor the Maternity Convention has been ratified by the State to date.

Are garment workers entitled to leave for taking care of children who are sick?

Workers are entitled to leave and remain paid fully for the child's purposes such as when their children undergo circumcision, are baptized, marry, or pass away. However, Employment Law does not regulate leave due to children’s illness. If a worker’s child is sick, the worker may use his/her annual leave for the said purpose. 

However, we found that there are Collective Bargaining Agreements at a number of companies regulating leave due to children’s illness. Workers may reevaluate the contents of the employment agreements, company regulations, or collective bargaining agreements, so workers may know whether they regulate the leave due to children’s illness.