Thailand Extends Family-related Leave Entitlements

The Labour Protection Act (No.9) B.E. 2568 (2025) published on the Royal Thai Government Gazette on 7 November 2025 (“Amended Act”) introduces expanded parental leave entitlements and strengthened employment protections. These amendments will take effect on 7 December 2025.

1. Expanded Maternity Leave

In light of the Amended Act, female employees are now entitled to 120 days of maternity leave instead of the original 98 days per pregnancy. Employers must provide 60 days of paid leave at the employee’s regular wage instead of the previous 45 days (Section 41 & 59). 

2. New Infant Medical Care Leave

Female employees may take an additional 15-day leave to care for an infant with health complications, abnormalities, disabilities, or medical risks. The employee must provide a medical certificate to employer, and such leave is compensated at 50% of the regular wage (Section 41 paragraph 4 & 59/1).  

3. New Paternity Leave

Employees are now entitled to 15 days of paid paternity leave to support their legally married spouse during childbirth. This leave must be taken before or within 90 days of the childbirth (Section 41/1 & 59/2).

3.1 Definition Clarifications of “Spouse”

• Following the Marriage Equality Act B.E. 2567 (2024), same-sex marriage is now legal in Thailand, so the eligibility for parental leave is not limited to male employees. It can apply to legally married same-sex spouses.

• A “spouse” refers to a person who is legally married through formal marriage registration. Non-registered partnerships, including ceremonial weddings recognized socially, are not treated as marriage under labour or family law. (The limited exception for anti-corruption reporting purposes under the Criteria for a Person Cohabiting as Husband and Wife Without Marriage Registration to be Considered a Spouse (No.2) B.E. 2568 applies to people cohabiting with a state official and does not apply to labour rights.)

4. New Annual Reporting Requirement

Employers with 10 or more employees must file an annual report on employment conditions and working status with the Department of Labor Protection and Welfare by the end of January of each year (as previously required only upon the labor inspector’s written request).

5. Expanded Protections for Government Subcontracted Workers

Under Section 4/1, individuals under service contracts with government agencies may be entitled to employee-level protections if the agency directly supervises or controls them in a similar manner to regular employees. The eligible rights and benefits stipulated in the Labour Protection Act include wages and remuneration, weekly rest days and public holidays, annual and sick leave, and regulated working hours and rest periods.

6. Practical Takeaways for Employers

Before 7 December 2025, employers should:

6.1 Review and update Internal Documents

• Update employee handbooks, work rules, and employment contracts to reflect the new statutory entitlements.

  •  Ensure leave policies and benefits comply with extended parental leave provisions.

  • Note: It is mandatory for all employers with 10 or more employees to have a written work rules in Thai that cover leave entitlements, working days and hours, wage payment, disciplinary actions, dismissal procedures, severance pay and special severance pay. Failure to have compliant written work rules may result in a fine of up 20,000 THB (Section 108 & 146). 

6.2 Prepare HR Teams and Communicate Changes

• Ensure that HR personnel fully understand the amendments.

• Communicate the new rights to employees clearly and consistently

• Train staff in charge of attendance, payroll, and leave approval to avoid misapplication of the new provisions. 

6.3 Review Public-Sector Service Agreements

• Government agencies and contractors should assess whether any workers fall under the Amended Act’s expanded protection (Section 4/1), which may reclassify them as regular employees for labour law purposes.

6.4 Plan Workforce Coverage and Budget

• With employees now entitled to infant-care leave, spousal leave and extended maternity leave, employers should:

  • Prepare coverage plans for anticipated absences.

  • Arrange temporary replacements where necessary.

  • Adjust HR and payroll systems to follow the required 50% / 100% payment structures. 

  • Estimate the additional welfare and staffing budget for the upcoming year.

These steps help maintain business continuity and minimize operational disruptions.

6.5 Consider Contract Amendments (With Important Restrictions)

•  Renegotiation or amendment of existing agreements may be necessary. However, employers must remember that a pregnant employee cannot be dismissed or forced to resign due to pregnancy (Section 43). Any employer who violates this provision is subject to penalties of up to six months' imprisonment, a fine of up to 100,000 THB, or both (Section 144). In Supreme Court Judgment No. 1394/2549, a contractual clause was declared void because it stipulated that if a flight attendant became pregnant within two years from the start of the contract, it would be deemed that she had terminated the contract. The Court held that such a clause violates Section 43 of the Labour Protection Act and is therefore void under Section 150 of the Civil and Commercial Code.

6.6 Monitor Upcoming Labour Law Reforms

• There are additional proposed reforms, such as reduced workweek, extended guaranteed rest, increased annual leave, menstrual leave, family-care leave, lactation rights, that are still in the early legislative stages and, if passed, will have a one-year implementation period after publication in the Royal Thai Government Gazette.

•  Employers should stay updated and begin planning for the tracking of multiple new leave types, managing potential reductions in work hours, and mitigating operational impacts such as 40-hour workweek. 

Disclaimer & Contact

This article is provided for general information only and does not constitute legal advice. While I strive to keep my legal insights accurate and practical, changes in law or other factors may affect your decisions. For specific guidance or assistance with updating internal HR frameworks, please contact me.

What to Expect When You Contact Me

1. I conduct a quick, no-obligation initial review of your matter.

2. I confirm which area of law it relates to and what options may be available.

3. If you wish to proceed, we will mutually agree on the scope of work before any professional fees apply.

   
   

   📩 Contact: osa.chaichit@gmail.com

   
   

   Osaris Chaichit 

   Attorney-at-Law (Thailand)

   Notarial Services Attorney

   Corporate & M&A Advisory