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On 7 November 2025, the Labour Protection Act (No.9) B.E. 2568 (2025) was published in the Royal Gazette of Thailand. The act aims to, among other things, (1) amend the maternity leave entitlement and (2) introduce new parental leave entitlements. This act will take effect on 8 December 2025.
Maternity Leave
- Increase in leave duration and paid leave entitlement: Maternity leave entitlement has been increased from a maximum of 98 days to 120 days, with the paid maternity leave entitlement being extended from up to 45 days to 60 days.
- Newly introduced leave for child medical care: In addition to the 120 day maternity leave entitlement, a female employee taking maternity leave may additionally take up to 15 days' leave to take care of her newborn child in the case where the child has a medical condition that poses a risk of complications, has abnormalities, or is disabled. In this case, the employee must provide a medical certificate in support of such leave to the employer. During this child medical care leave, the employee is entitled to receive wages at 50% of her regular rate.
Parental Leave
- New parental leave entitlement: An employee is entitled to take up to 15 days of paid leave to assist their legally married spouse who has given birth. This leave must be taken within 90 days from the date of the child's birth.
- Employers should note that as Thailand has legalised same-sex marriage, the eligibility for parental leave is not limited to male employees.
What should employers be aware of from a legal perspective?
- Employers should ensure that HR teams are aware of the changes to maternity leave and parental leave entitlements and take steps to ensure compliance with the newly introduced/amended requirements.
- Existing work rules will need to be amended to reflect the new requirements above, in particular, where the existing work rules reference outdated requirements. Employers should also consider updating other documents containing outdated references (e.g. in policies and employment contracts). This helps to ensure legal compliance and avoid potential liability from reliance on outdated provisions in the work rules and other relevant documents.
- It is important to remember that every employer with 10 or more employees must have in place written work rules in Thai. The work rules must include details of (amongst others) leave entitlement, working days and hours, wage payment, disciplinary actions, dismissal, severance pay, and special severance pay. Non-compliance may result in regulatory fines of up to THB 20,000 (approx. USD 670) being imposed against the employer.
- Employers are encouraged to review their current workforce coverage and temporary staffing arrangements in the light of the new leave entitlements. This assessment will help to identify whether any adjustments, such as renegotiating, amending, or extending existing agreements, are needed to address anticipated coverage gaps and ensure business continuity and minimal operational disruptions during employee absences.
Timing
As the Labour Protection Act (No.9) B.E. 2568 (2025) will take effect on 8 December 2025, it is prudent for employers to start to take steps to ensure compliance before this date.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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