Compliance
Indonesia's Employee Leave Rights Explained

Navigating employee leave entitlements in Indonesia is vital for both employers and workers. Under Manpower Law No. 13/2003, employees are granted various types of leave after fulfilling specific service durations. This article provides a detailed overview of the different categories of leave available to employees in Indonesia, including annual leave, long service leave, sick leave, maternity and paternity leave, and the public holidays celebrated throughout the country.


Annual Leave Benefits


In Indonesia, after completing 12 months of continuous employment, employees are eligible for 12 working days of annual leave. It is mandatory for employees to take at least 6 consecutive days of this leave within the year. Any unused leave will expire 6 months after the end of the accrual period, making it important for employees to plan their vacations wisely to avoid losing their entitled days off.


Long Service Leave Policy


Employees who have served the same employer for 6 consecutive years qualify for an additional 1 month of long service leave during their 7th and 8th years. This leave is granted in addition to the regular annual leave, providing long-term employees with extra time for rest and personal pursuits.


Sick Leave Provisions


Employees in Indonesia are entitled to paid sick leave if they can provide a doctor’s certificate confirming their condition. The compensation structure for sick leave is tiered as follows:


First 4 months: Employees receive 100% of their regular wages.

Next 4 months: Compensation is reduced to 75% of regular wages.

Following 4 months: Employees receive 50% of their wages.

After 12 months: Compensation decreases to 25% of regular wages until the employment contract is terminated.


This tiered approach ensures that employees receive appropriate support during their illness.


Maternity Leave Rights


Female employees in Indonesia are entitled to 3 months of paid maternity leave. This includes 1.5 months before the expected delivery date and 1.5 months after childbirth, allowing mothers to recover and bond with their newborns while receiving full pay.


Paternity Leave Benefits


Fathers are granted 2 days of paid paternity leave to be taken following the birth of their child. This benefit supports new fathers in taking an active role during the early days of their child’s life.


Additional Considerations


Employers may offer leave benefits that exceed the minimum statutory requirements. Employees should always consult their company's specific policies or any collective bargaining agreements for detailed information. The accumulation of leave can also vary between employers, with some providing leave on a monthly basis while others grant the full entitlement after the 12-month period.


Observed Public Holidays


Indonesia observes a variety of national, religious, and cultural holidays throughout the year, providing employees with additional days off. Here are some of the significant public holidays:


National Holidays


   New Year’s Day (January 1st): Marks the beginning of the Gregorian calendar.

   Independence Day (August 17th): Celebrates Indonesia's independence from the Netherlands in 1945.

   Pancasila Day (June 1st): Honors the establishment of Pancasila as the foundational philosophy of Indonesia.


Religious Holidays


Due to its rich religious diversity, Indonesia's public holidays reflect various beliefs, with some dates shifting annually based on lunar calendars.


Key Islamic Holidays:


   Isra Mi'raj: Commemorates the night journey of the Prophet Muhammad.

   Eid al-Fitr (Idul Fitri): Celebrates the conclusion of Ramadan with festivities lasting 2-3 days.

   Eid al-Adha (Idul Adha): Known as the "Festival of Sacrifice," honoring Abraham's commitment.

   Islamic New Year (Muharram): Marks the start of the Islamic calendar.

   Mawlid al-Nabi: Celebrates the birth of the Prophet Muhammad.


Significant Christian Holidays:


   Good Friday: Remembers the crucifixion of Jesus Christ.

   Easter Sunday: Celebrates the resurrection of Jesus.

   Ascension Day: Commemorates the ascension of Jesus into heaven.

   Christmas Day: Celebrates the birth of Jesus Christ.


Notable Hindu Holidays:


   – Nyepi (Day of Silence): The Balinese Hindu New Year observed with a day of reflection and fasting.

   – Galungan and Kuningan: Celebrations of the triumph of good over evil in Balinese Hinduism.


Buddhist Holiday:


   – Vesak Day (Waisak): Marks the birth, enlightenment, and death of Gautama Buddha.


Chinese New Year:


Celebrated by the Chinese community in Indonesia, this holiday brings festive celebrations.


Additional Observances


The Indonesian government sometimes declares joint holidays (Cuti Bersama) to extend holiday breaks by connecting public holidays with weekends. Furthermore, specific provinces may have regional holidays that celebrate local customs and traditions.


Types of Leave Available


Employees in Indonesia are entitled to various types of leave after a certain period of continuous service. Here’s a summary of these leave types:


1. Annual Leave: Employees receive at least 12 working days after completing one year of service. They must utilize a minimum of 6 consecutive days within the year, and any unused leave may expire after a certain timeframe.

2. Sick Leave: Paid sick leave is available upon presenting a doctor’s verification, with compensation decreasing over time.

3. Maternity Leave: Female employees are entitled to 3 months of maternity leave at full pay.

4. Paternity Leave: Fathers are allowed 2 days of paternity leave upon the birth of their child.

5. Other Types of Leave:

   – Religious Holidays: Paid leave for observing significant religious holidays.

   – Marriage Leave: Typically, 3 days of paid leave is granted for an employee's marriage.

   – Bereavement Leave: Leave provided for the death of close family members.

   – Menstrual Leave: Female employees may receive up to 2 days of leave per month for menstrual issues.

   – Special Leave: Additional leave options may be available for reasons like religious pilgrimage or natural disasters.


Important Notes


Employers in Indonesia may provide leave benefits that surpass the legal minimums stipulated by law. Employees are encouraged to check their company’s specific policies or employment agreements for comprehensive details regarding leave entitlements. Eligibility criteria and required documentation for different leave types may vary, so it's wise to consult with the HR department for any clarifications.

By understanding the various leave entitlements in Indonesia, employees can effectively manage their work-life balance and ensure they make the most of their time off.

4o