Garment: Family Responsibilities

05/13 Garment Family Responsibilities

Paternity Leave in Garment Sector

What is the Labour Law regulation on paternity leave?

Labour Law article 93 in Labour Law states that male worker gets paternity leave (2 days paid leave) on child's birth

Can the male worker who is a single parent take special leave for child care?

Labor Law in Indonesia does not specifically regulate paternity leave. In addition to the 2 days paid leave given to the male workers on child's birth, male workers can use their right to annual leave for the purposes of child care. However, a company may arrange paternity leave differently in employment contracts, company regulations or collective agreements, as long as such regulations do not violate Labor Law and harm labour rights

Parental leave in Garment Sector

Do garment workers get paid leave to take care of their children?

Labour Law article 93 states that workers can take personal leave/paid leave for important purposes, one of which is for the child purposes such as:

  • Marrying their children, entitled to two (2) days paid leave
  • Circumcise their children, entitled to two (2) days paid leave
  • Baptizing their children, entitled to two (2) days paid leave
  • Wife gave birth/miscarried, entitled to two (2) days paid leave
  • Death of husband/wife, parents/in-laws, children/son-daugther in laws, entitled to two (2) days paid leave

Are there any regulations that stipulate parental leave to workers who adopt a new-born baby?

In international level, ILO encourage its member countries to regulate on adoption leaves through ILO recommendation No. 191 year 2000 on the Protection of Maternity. Unfortunately, Indonesia does not have regulations any regulations on adoption leaves

Therefore, workers who want to adopt a child, could use annual leave

Are garment workers entitled to time off to take care of their sick child?

Workers are entitled to personal leave and still be paid in full for the purposes of their children such as: circumcision, baptism, marriage, or death. Labor Law does not regulate time off because of a sick child. If workers need to take time off to care for their sick child, they may use their annual leave for that purpose. However, there are several Collective Bargaining Agreements (CBA) in companies that regulate paid leave to take care of a sick child. Workers may want to check the contents of their employment agreement, company regulations or collective bargaining agreements whether it regulates paid leave due to a sick child.