Thailand Amends Labour Protection Act: Extended Maternity Leave and Introduction of Parental Leave (Thailand)

1. Extension of maternity leave period

A female employee is entitled to an extension of maternity leave from 98 days to 120 days per pregnancy,※1 with the maximum number of paid leave days increased from 45 to 60 days.※2

2. Additional leave for caring for newborns with medical conditions, abnormalities, or disabilities

A female employee is entitled to take an additional 15 days of leave following maternity leave to care for newborns with medical conditions that put them at risk of complications, abnormalities, or disabilities. A medical certificate is required for leave taken under this provision.※3

During this additional leave period, the female employee is entitled to receive 50% of her regular wages.※4

3. Introduction of Parental leave

An employee is entitled to 15 days of parental leave per pregnancy to assist their spouse during childbirth. This leave may be taken either before childbirth or within 90 days thereafter.※5 The employer is obligated to pay the employee their full wages during this period.※6

4. Extension of LPA coverage to government service contract workers

LPA No. 9 broadens the LPA’s scope to cover individuals employed in the public sector, such as government agencies, local authorities, state enterprises, public organizations, and other governmental bodies, who work under a contract for services, receive wages on a daily, monthly or other periodic basis, and are under the control and supervision of such governmental agency. Previously, these individuals received no protection under the LPA. Under this amendment, they will become entitled to certain fundamental rights, such as wages, weekly holidays, traditional holidays, annual leave, sick leave, maternity leave, working days, working hours, and rest periods, which must not be less favorable than the standards set out in the LPA. Additionally, any disputes arising from these rights and obligations will fall under the jurisdiction of the Labour Court.※7

5. Clarification of the employer’s duty and reduction of labour inspectors’ administrative workload regarding the annual report on working conditions

The LPA requires employers with 10 or more employees to submit the “Employer’s Report on Working Conditions” (Form Kor.Ror. 11) within January of each year. Before this amendment, the provision might have been misleading, as it suggested that labour inspectors were required to take the initial step of sending the form to employers in December each year. In practice, employers were always required to submit the report in January, regardless of whether they had received the form from a labour inspector. The amendment clarifies this responsibility by eliminating the step where labour inspectors send out the form and placing full responsibility on employers to monitor and submit the report within January of each year. This change aims to reduce confusion and lessen the administrative burden on labour inspectors.