Maternity and Paternity Leave

Under the Labour Protection Act (“Act”), employees are legally entitled to leave with pay for various different types of leave.

Keywords: Mazars, Thailand, Legal, Labour Protection Act, Ministry of Labour

14 October 2013

Leave

Entitlement (no. of days)

Pay

Annual holidays

6 working days for an employee who has worked for 1 full year

Pro-rata basis for an employee who has worked for less than one year

Yes, throughout the holiday period

Sick leave

Actual

Yes, but not more than 30 days per year

Leave for the sterilization

As prescribed in the medical certificate

Yes, throughout the leave period

Personal business leave

As necessary in accordance with work regulations

Depending on the company‘s discretion

Maternity leave

Up to 90 days per pregnancy

Yes, but not more than 45 days during the maternity leave

Military leave

Upon the call from the government

Yes, but not more than 60 days per year

Training or development of knowledge and skills leave

Up to 30 days or 3 times per annum

Depending on the company‘s discretion (except for youth employer)

 

Focusing on maternity leave, we note that only female employees are entitled for such leave upon the birth of a child. However, there are encouraging signs for fathers-to-be, because at the end of last year the Ministry of Labour made an announcement requesting collaboration from employers to allow male employees to take paternity leave under similar circumstances.

The announcement is not treated as law to which every employer must comply, so the announcement leaves the decision to employers to set the terms of the paternity leave and whether or not salary is paid during paternity leave.

Please download a copy of the guidance, in Thai.

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