The LPA amendments: New maternity, paternity, and childcare leave obligations
17 December 2025
Key amendments to the Thai Labour Protection Act B.E. 2541 (1998) (the “LPA”): Maternity-related leave, post-partum childcare leave, spousal support leave, and submission of the employment and working conditions report form
The Royal Gazette published the Labour Protection Act (No. 9) B.E. 2568 (2025). This amendment introduces several noteworthy objectives. Primarily, it seeks to enhance protections for pregnant employees by strengthening their entitlement to paid maternity leave. The Act further extends rights for female employees who have taken maternity leave by granting additional consecutive leave for childcare in cases where the newborn suffers from severe illness, physical and health impairment, or disability. Additionally, the amendment establishes a new right for employees to take paid leave to support their spouses during childbirth. It also streamlines administrative procedures by allowing employers to submit employment condition reports directly, thereby reducing procedural burdens previously placed on labour inspectors in forwarding such reports to employers.
1. Maternity-related leave, post-partum childcare leave, and spousal support Leave
Summary of the differences between the pre-amendment and the post-amendment law
| Issue | Pre-amendment | Post-amendment | ||
| Entitled Leave Days | Entitled Paid Wages | Entitled Leave Days | Entitled Paid Wages | |
| 1. Maternity leave | Not more than 98 days for each pregnancy. (Section 41, Paragraph 1) | Equivalent to the Wages of a Working Day throughout the Leave period, but not exceeding 45 days. (Section 59) | Not more than 120 days for each pregnancy or as otherwise prescribed by Royal Decree. (Section 41, Paragraph 1) | Equivalent to the Wages of a Working Day throughout the Leave period, but not exceeding 60 days or as otherwise prescribed by Royal Decree. (Section 59) |
| 2. Post-partum childcare leave (for a child with severe illness, physical and health impairment, or disability) | Not provided. | An additional 15 consecutive days, with a medical certificate required. (Section 41, paragraph 4) | At 50% of the Wages of a Working Day throughout the Leave period. (Section 59/1) | |
| 3. Spousal support leave (assisting spouse during childbirth) | Not provided. | Up to 15 days, to be taken before or within 90 days from the date of childbirth. (Section 41/1) | Equivalent to the Wages of a Working Day throughout the Leave period but not exceeding 15 days. (Section 59/2) | |
Key considerations:
- Effective date:
This Act shall enter into force on December 7, 2025. For application, if an employee’s maternity leave period encompasses the effective date (December 7, 2025) or any date thereafter, the employee shall be entitled to all rights and benefits prescribed under the new provisions of the LPA. - Maternity-related leave rights apply regardless of employment type:
The right to maternity-related leave is not restricted by the nature of employment. Whether an employee is a temporary worker, permanent employee, fixed-term employee, indefinite-term employee, or an employee in a probationary period, all are equally entitled to maternity-related leave. - Calculation of maternity leave for pregnant employees:
Maternity leave encompasses two distinct categories, both of which qualify as maternity leave. - Leave for childbirth:
The employee must be physically ready for delivery, meaning she must be pregnant with a gestational age suitable for childbirth, 28 weeks according to medical standards. However, maternity leave does not include leave taken for abortion. - Leave for antenatal care:
Under the Labour Protection Act (No. 7) B.E. 2562 (2019), the number of maternity leave days was increased from 90 to 98 days to allow pregnant employees to take leave for antenatal medical examinations, with such leave being deemed part of maternity leave (Section 41, paragraph 2 of the LPA). Accordingly, under the Labour Protection Act (No. 9) B.E. 2568 (2025), which extends maternity leave to 120 days, antenatal leave is likewise included within the total maternity leave entitlement. Pregnant employees may therefore take leave for antenatal check-ups (e.g., monthly visits) without any requirement that such leave be consecutive with the period taken for actual childbirth. This entitlement applies from the outset of pregnancy until the completion of childbirth. - Calculation of leave for spouses of pregnant employees:
For the spouse of a pregnant woman, the law does not require that the leave be taken consecutively. It is sufficient that the leave be taken within the timeframe prescribed under Section 41/1 of the LPA, meaning it may be exercised either before childbirth or within 90 days from the date of childbirth (however, leave taken prior to childbirth is not subject to the 90-day post-childbirth limitation).
2. Submission of the employment and working conditions report form (Kor Ror 11)
| Section | Pre-amendment | Post-amendment |
| 115/1, Paragraph 1 | For the purpose of performing duties of the Labour Inspector under Section 139, an Employer who employs 10 employees or more shall submit a report form on conditions of employment and working conditions to the Director General or a person entrusted by the Director-General within every January. | For the purpose of performing duties of the Labour Inspector under Section 139, an Employer who employs 10 employees or more shall submit a report form on conditions of employment and working conditions to the Director-General or a person entrusted by the Director-General within every January. |
| The Labour Inspector shall provide the form as prescribed by the Director-General with the employer within every December. | Not provided |
Key considerations:
The amendment to Section 115/1 of the LPA is intended to reduce the procedural steps required of labour inspectors in delivering the prescribed Employment and Working Conditions Report form to employers. Specifically, it removes the requirement that labour inspectors send the form, as prescribed by the Director-General, to employers in December of each year.
Disclaimer: Portions of the information were verbally obtained from officials at the Department of Labour Protection and Welfare and are currently pending formal written clarification. Consequently, this information is subject to change upon the issuance of official written guidance.
Reference (in Thai):
- The Labour Protection Act (No. 9) B.E. 2568 (2025). Retrieved from Royal Thai Government Gazette Website.
Want to know more?
Kodchakorn Kum-iem Partner : Legal Practice - Bangkok
Chalermpon Tanopajai Director - Legal Practice WP&VISA - Bangkok
