Leave in Indonesia: Annual, Sick, Maternity and Paternity
Leave in Indonesia by law: annual, sick, menstrual, maternity and paternity leave, what each pays, and what happens to unused leave.
References (5)
- UU No. 13 Tahun 2003 on Manpower, as amended by UU No. 6 Tahun 2023 (Article 81 of that law amends it in 71 points). Article 79(3) and (4) set annual leave and leave it to the contract, company regulations or collective agreement to say how it is taken. Article 79(5) covers long leave. Article 80 covers religious duties. Article 81 of UU 13/2003 covers menstrual leave. Article 82 covers rest after a miscarriage. Article 84 sets full pay during leave. Article 93, which was not amended, sets the wages due during sickness and family events. Article 156(4)(a) covers annual leave not yet taken and not yet lapsed.
- PP No. 35 Tahun 2021, in force 2 February 2021. Article 35 covers long leave. Article 40(4)(a) covers untaken annual leave when employment ends. Article 50 applies it to an employee who resigns.
- PP No. 36 Tahun 2021 on wages, in force 2 February 2021, as amended by PP No. 51 Tahun 2023 and PP No. 49 Tahun 2025, neither of which changes Articles 40 to 47. Article 41 sets the pay during sickness, menstrual pain and family events. Articles 42, 44 and 45 cover state duty, union duty and company training. Article 43 covers religious duty. Article 46 sets the wage during leave. Article 47 leaves the arrangements to the contract, company regulations or collective agreement.
- UU No. 4 Tahun 2024 on the welfare of mothers and children in the first thousand days of life, in force 2 July 2024. Article 4(3) to (5) sets maternity leave and rest after a miscarriage. Article 5 sets pay and protection from dismissal. Article 6(2) and (3) set the husband’s leave.
- Constitutional Court decision No. 168/PUU-XXI/2023, 31 October 2024. It struck the word “may” from Article 79(5) of UU 13/2003 on long leave.
Leave in Indonesia has a legal floor: a set of minimums that employers must give, and a rule for what each one pays. Above that floor, the employment contract, the company regulations (peraturan perusahaan) or the collective agreement decide how leave is actually taken.
That division between the law and the company’s own documents comes from the Manpower Law (UU) 13/2003, Articles 79(4) and 93(5) (Article 79 as replaced by the Job Creation Law (UU) 6/2023; Article 93 unamended), and from Government Regulation (PP) 36/2021, Article 47. The floor covers annual leave (cuti tahunan), maternity leave (cuti melahirkan) and menstrual leave (cuti haid), among others. This guide covers employees under the Manpower Law; household staff have a law of their own (UU 2/2026), which it does not cover.
| Minimum | Pay | |
|---|---|---|
| Annual leave | 12 working days after 12 consecutive months | Full wage |
| Sick leave | While sick, on a doctor’s statement | Stepped: 100%, 75%, 50%, then 25% |
| Menstrual leave | Days one and two, if in pain | Paid, at most 2 days |
| Maternity | At least 3 months; up to 3 more if certified | Full for 4 months, then 75% |
| Miscarriage | 1.5 months, or as certified | Full wage |
| Husband, birth | 2 days; up to 3 more, or as agreed | 2 days paid |
| Husband, miscarriage | 2 days | Paid |
| Religious duty | Enough opportunity to worship | Paid, once at each employer |
| Long leave | No statutory minimum | Full, where given |
A new manpower law has passed the House of Representatives (DPR, Dewan Perwakilan Rakyat), according to press reports, but on 14 October 2026 it did not appear with a number on the BPK or peraturan.go.id legal databases. This article states the law in force on that date; our guide to employment law in Indonesia says where the new law stands, and we will revise this page when it takes effect.
Annual leave
Once an employee has worked for 12 months without a break, they are entitled to at least 12 working days of annual leave (UU 13/2003, Article 79(3), as amended). It is paid at the wage they normally receive (Article 84, as amended; PP 36/2021, Article 46). When it can be taken and how it is requested are for the company’s own documents to set out (Article 79(4)). Weekly rest days and the standard hours are covered in our guide to working hours and overtime.
Collective leave days announced by the government around the national holidays count against annual leave when they are taken. Our calendar of public holidays and collective leave explains how.
Sick leave
An employee who cannot work because of illness is still paid. The law defines sickness here as sickness on a doctor’s statement (UU 13/2003, Article 93(2)(a) and its explanatory notes). The wage steps down in blocks of four months of sickness (Article 93(3); PP 36/2021, Article 41(1)).
- Months 1 to 4 100%
- Months 5 to 8 75%
- Months 9 to 12 50%
- From month 13 25%
UU 13/2003, Article 93(3); PP 36/2021, Article 41(1)
The last step continues until the employer ends the employment. Long illness is one of the reasons for ending employment, with payments of its own, set out in our guide to ending employment.
Maternity, miscarriage and paternity leave
Maternity leave is set by UU 4/2024, the law on the welfare of mothers and children in the first thousand days of life, in force since 2 July 2024. The employer must give it (Article 4(4)).
-
Minimum entitlement
Every working mother is entitled to these, at her full wage.
-
With a doctor’s letter
Granted for complications, and still paid in full.
-
Same certificate
Leave can run on; three quarters of the wage is paid.
The extra months need a doctor’s certificate of health problems or complications after the birth, in the mother or the child (UU 4/2024, Article 4(3)(a) and (5); Article 5(2)).
After a miscarriage, a woman is entitled to one and a half months’ rest, or as long as her doctor, obstetrician or midwife certifies (Article 4(3)(b)), on full pay (UU 13/2003, Articles 82 and 84).
A husband’s paternity leave is two days, to be with his wife when she gives birth, which may be extended by up to three days or by agreement. He is entitled to two days if she miscarries (UU 4/2024, Article 6(2)). Two days are paid in either case (UU 13/2003, Article 93(4)(e); PP 36/2021, Article 41(3)(e)). Where the mother or child faces complications, he is also given enough time to support them (UU 4/2024, Article 6(3)).
Our guide to equal employment covers the protection from dismissal during and after this leave.
Menstrual leave
A woman who is in pain during her period, and tells her employer, is not obliged to work on the first and second days (UU 13/2003, Article 81(1)). She is paid for the days she actually takes, up to two (PP 36/2021, Article 41(2)). The arrangements belong in the contract, company regulations or collective agreement (UU 13/2003, Article 81(2)).
Paid days for family events
These are not part of annual leave. The employee is absent for a family event and is still paid (UU 13/2003, Article 93(2)(c) and (4); PP 36/2021, Article 41(3)).
| Paid days | |
|---|---|
| Own marriage | 3 |
| Child’s marriage | 2 |
| Child’s circumcision | 2 |
| Child’s baptism | 2 |
| Close bereavement | 2: spouse, parent, parent-in-law, child or child-in-law |
| Household bereavement | 1: another member of the household |
The wage is also due when an employee is away on a duty to the state, on union duty with the employer’s consent, or on training the company has assigned (UU 13/2003, Article 93(2)(d), (h) and (i); PP 36/2021, Articles 42, 44 and 45).
Religious duty and long leave
An employer gives employees enough opportunity to carry out the worship their religion requires (UU 13/2003, Article 80). Where a religious duty, such as the hajj, keeps an employee away from work, the wage is paid, but only once during their employment with that company (PP 36/2021, Article 43).
Long leave no longer has a statutory minimum. Where a company gives long leave, its contract, company regulations or collective agreement say how it works (UU 13/2003, Article 79(5), as amended; PP 35/2021, Article 35), and it is paid in full (Article 84).
Long leave and unused leave: two older readings
Under the law, compensation covers annual leave not yet taken and not yet lapsed (UU 13/2003, Article 156(4)(a), as amended; PP 35/2021, Articles 40(4)(a) and 50). The other amounts owed at the end of an employment are in our guide to severance and notice.
What this means for you
Our HR consulting team writes the detail above the statutory minimums for leave in Indonesia into the company regulations it drafts and files for the manpower office’s approval. The points to settle in them include:
- how annual leave is requested and approved
- whether the company gives long leave, and on what terms
- how menstrual leave is arranged
- how time off for religious duties is handled
- how the husband’s extra days at a birth are agreed
On payroll and employer of record engagements, and depending on the scope agreed with you, we can keep your team’s leave records through HReasily, the HR platform we partner with.