Thailand Maternity Leave: 98 Days Under the 2019 LPA Amendment

TL;DR

The Labour Protection Act B.E. 2541 (1998) (No. 7) B.E. 2562 (2019) amended Section 41 of the LPA to extend statutory maternity leave from 90 to 98 calendar days. The 98 days include the original maternity leave plus up to 8 days for prenatal medical appointments. Employer pays 45 days of wage (Section 59); the Social Security Office (SSO) provides additional benefits for insured employees. Job protection during pregnancy and post-leave is reinforced; dismissal due to pregnancy is prohibited.

Entitlement Breakdown

Employer Pay (LPA Section 59)

The employer pays wage at last rate for 45 days of the maternity leave. The remaining days (typically 45 of the original 90) are unpaid by the employer.

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 recognises up to 8 days for prenatal appointments. These are treated as work time — the employee continues to be paid by the employer. The 8 days are within the 98-day total; appointments before the maternity leave start are typically counted.

Job Protection

Common Mistakes

Avoid these traps:

• Treating the 98 days as 98 calendar days from delivery — they are total statutory entitlement, beginning when the employee chooses (medical evidence supports timing).
• Excluding the 8 prenatal days from total count — they are part of the 98.
• Paying only the SSO benefit without the employer's 45-day obligation 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 98 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 45 days under Section 59. The remaining leave days are unpaid. 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 98-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