Thailand Maternity Leave: Up to 120 Days Under the Amended Labour Protection Act

TL;DR

Section 41 of the Labour Protection Act B.E. 2541 (1998), as amended by Act No. 9 (in force around December 2025), now gives a female employee up to 120 days of maternity leave per pregnancy. The entitlement was originally 90 days and was raised to 98 days by the 2019 amendment (No. 7) B.E. 2562 (2019) and to 120 days in 2025. The employer pays wages for up to 60 days (Section 59); the Social Security Office (SSO) pays 50% of wage for up to 90 days to insured employees. Job protection during pregnancy and post-leave is reinforced; dismissal due to pregnancy is prohibited.

Entitlement Breakdown

Earlier Law (Historical Note)

Before the current amendment, statutory maternity leave was 98 days under the 2019 amendment (No. 7) B.E. 2562 (2019), and 90 days before that. Under the earlier rules the employer paid wages for 45 days. Text or contracts that still cite 90 or 98 days describe superseded law.

Employer Pay (LPA Section 59)

The employer pays wage at the last rate for up to 60 days of the maternity leave. Leave days beyond the employer-paid period are not paid by the employer; insured employees may receive the SSO benefit for them.

Social Security Maternity Benefit

For employees insured under the Social Security Act B.E. 2533 (1990):

• One-time childbirth allowance: THB 15,000 lump sum per pregnancy (per recent published rate; verify current).
• Maternity income replacement: 50% of wage for up to 90 days, capped at the SSO insurable wage cap (currently THB 15,000 base for benefit calculation).
• Insured for at least 5 months in the 15 months before delivery (eligibility).

Prenatal Medical Appointments

The 2019 amendment counted up to 8 days for prenatal appointments within its 98-day total, treated as work time paid by the employer. Under the current 120-day entitlement, confirm how prenatal appointment time is treated against the consolidated Section 41 text before relying on the earlier 8-day rule.

Job Protection

Common Mistakes

Avoid these traps:

• Treating the 120 days as 120 calendar days from delivery — they are the total statutory entitlement, beginning when the employee chooses (medical evidence supports timing).
• Still applying the superseded 90-day or 98-day figure in contracts, handbooks or payroll calculations.
• Paying only the SSO benefit without the employer's wage obligation of up to 60 days under Section 59.
• Documenting "pregnancy-related performance" as basis for termination — courts treat this as dismissal due to pregnancy under Section 43.
• Failing to maintain insurance contributions during leave — affects SSO eligibility.

FAQs

1. Can the 120 days be taken before delivery?

Some days can be taken before delivery for prenatal appointments and pregnancy complications. Practical allocation is the employee's choice with medical certification; most employees take a portion before and most after delivery.

2. What if the employee is not SSO-insured?

The employer pays wages for up to 60 days under Section 59. The remaining leave days are unpaid by the employer. SSO benefits do not apply.

3. Are foreign employees entitled?

Yes, if working in Thailand under a work permit and covered by Thai labour law. SSO eligibility requires SSO registration as for Thai employees.

4. Can the employee return part-time?

Phased return arrangements are by mutual agreement; no statutory part-time return provision. Breastfeeding breaks during work day are statutory.

5. What about miscarriage or stillbirth?

Sick leave and medical accommodation provisions apply. The 120-day maternity entitlement specifically refers to maternity related to childbirth; specific provisions for miscarriage are outside the statutory maternity scheme.

Related Reading

• Thailand Employment Law Overview
• Social Security in Thailand
• Workplace Discrimination Laws