Although Not Regulated In The Job Creation Perppu, Haid And Birth Leave Rights Remain Applicable In Accordance With Law 13/2013

Minister of Manpower Ida Fauziyah after a working meeting with the DPR at the Parliament Complex, Senayan. (Photo: VOI/Mery Handayani)

JAKARTA - The Minister of Manpower (Menaker) Ida Fauziya emphasized that the right to menstruate or maternity leave for female workers is not eliminated. This means that workers can still enjoy these rights.

In the Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation, it does not contain the right to menstruate or maternity leave for female workers. However, said Ida, these working rights are still in Law (UU) Number 13 of 2003 concerning Manpower.

The provisions in Law Number 13 of 2003 that are not regulated in the Job Creation Law are still valid. For example, regarding menstrual leave and childbirth," Ida told reporters at the DPR Building, Parliament Complex, Senayan, Wednesday, January 11.

As is known, the government has officially issued Regulation in Lieu of Legislation (Perppu) Number 2 of 2022 concerning Job Creation on December 30, 2022.

Previously, it was reported that the Director General of PHI Jamsos Indah Anggoro Putri explained that menstrual and maternity leave was not included in the Job Creation Perppu. However, this right is not lost and is still under Law Number 13 of 2003.

Indah said, the rules for menstrual leave are contained in Article 81 concerning. Meanwhile, maternity leave is contained in Article 82.

"Are menstrual leave and maternity leave removed? The answer is not correct. Obscenary leave and maternity leave are not lost and are still in Law 13/2003," he said at a press conference, Friday, January 6.

Indah explained that there was no change regarding the regulation, so the government did not put it forward again in the Job Creation Perppu.

"Because it has not been changed, menstrual leave and maternity leave are not stated in Perppu 2/2022," he said.

Indah said, it is impossible for Indonesia as a member of the International Labor Organization (ILO) to abolish the right to menstruate leave and maternity leave.

"Actually, the logic is that it is also impossible for Indonesia, members of the ILO, to prohibit or abolish menstruation and childbirth, is very unlikely," he said.

In Law Number 13 of 2003, menstrual leave is regulated in article 81, which reads:

1. Women's workers/laborers who during menstruation feel sick and tell employers, are not required to work on the first and second days of menstruation.

2. Implementation of the provisions as referred to in paragraph (1) is regulated in a work agreement, company regulation, or a joint work agreement.

Meanwhile, regarding maternity leave is contained in Article 82 which reads:

1. Women workers/laborers have the right to rest for a month and a half before the time for giving birth to children and 1.5 one and a half months after giving birth according to the calculation of an obstetrician or midwife.

2. Workers/laborers of women who experience miscarriage have the right to rest for one and a half months or according to an obstetrician's certificate or midwife.

Meanwhile, in the Job Creation Perppu which was ratified at the end of 2022, it did not specifically regulate the right to menstruate leave or maternity leave for female workers.