Maternity leave - unmarried Woman

Discussion in 'Employment Law' started by kroshka, Aug 28, 2017.

  1. kroshka

    kroshka Member

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    I made another bet today.. this time about the employees rights of maternity leave. Can you help me?

    Is an unmarried woman entitled (according to the law) to get maternity leave (a woman who is not married at the time of giving birth - no matter is she was married within the period of pregnancy)?

    Appreciate your input
     
  2. Jaime C

    Jaime C Active Member Charter Member Cager

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    Are you saying she divorced while pregnant? Seems a bit unlikely in Indonesia.
     
  3. kroshka

    kroshka Member

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    No, I am a saying that some will claim that it is possible for a single and unmarried women to get pregnant. Some would even claim it is possible for a woman to become pregnant without in having had intercourse with a man. The question is if the labor law about maternity leave also is valid for them, or if the law is only valid for married pregnant women.
     
  4. kroshka

    kroshka Member

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    Some would claim that claiming the rights of maternity leaves requires a wedding certificate.. but what about the situation where a Muslim man is married to 4 women... are they then all entitled to paid maternity leave from their work?
     
  5. Davita

    Davita Well-Known Member Charter Member

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    I understood they have one to do cooking, one for housekeeping, one for sex and child bearing and only the last one to work and bring in cash. But maybe they swop jobs around...:evil:
     
  6. kroshka

    kroshka Member

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    .. well.. that still does not, unfortunately, get me closer to the answer...
     
  7. Davita

    Davita Well-Known Member Charter Member

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    Maybe this helps....from ...https://betterwork.org/indonesia/wp...WorkerProtection_Final_Final_English2-PDF.pdf
    sorry the PDF doesn't open...search betterwork.org ...guidelines pregnant workers...English.

    "No relevant provisions are identified in Indonesia. Indonesian labour laws are silent on adoption rights and carers’ rights, but in the case of adoption rights, as long as all legal documents are given to the employer, parents of an adopted child will have the same maternal and paternal rights as parents of a naturally born child. In terms of carers’ rights, leave may be granted by an employer as unpaid leave."
     
  8. dafluff

    dafluff
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    Article 82 of Undang-Undang No. 13 Tahun 2003 tentang Ketenagakerjaan ("Labor Law") specifies maternity leave 1.5 months prior to birth to 1.5 months after birth, with full pay. It only requires a note from a doctor/midwife specifying those dates. No mention of marriage status.
     
  9. kroshka

    kroshka Member

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    well i am aware of that some companies probably will fire the unmarried pregnant woman, or somehow make her resign.. but I think that is more "motivated" by moral considerations or values - and not according to the law. The doubt is if there is anything in the law clearly saying that you need to have a wedding certificate to be able to claim your rights when it comes to maternity leave, and you can reject/deny to grant such, should you not be able to present that document. (Again this is not a matter of the policy of the company, but the law and the rights of an employee - no matter what policy the company wants to practice)

    (too bad there are not better "protection" of employees around here)
     
  10. dafluff

    dafluff
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    As quoted above, according to the law you do not need a wedding certificate for mat leave. You only need a doctors note specifying the dates of the leave, which is 1.5 months before birth to 1.5 months after birth.
     
  11. William King

    William King Well-Known Member Charter Member Cager

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    Does it specify if they must take it....?
     
  12. dafluff

    dafluff
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  13. fastpitch17

    fastpitch17 Well-Known Member Charter Member Cager

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    Just what many husbands need, another reason to take 6 months off every year and get away with it.
     
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