The Labour Protection Act (No.9) B.E. 2568 (2025) (the “Amendment”) was published in the Government Gazette on 7 November 2025 and will become effective on 7 December 2025 being the lapse of 30-day grace period.
The Amendment amends certain provisions of the Labour Protection Act B.E. 2541 (1998) (the “LPA”) under Sections 41, 41/1, 59, and prescribes new Sections 59/1 and 59/2 to the LPA which aim to support pregnant female employees and their legal spouses in raising a newborn.
We have set out in this Memorandum of a summary of the material amendments to the LPA as follows:
| Extension for Maternity Leave and wages payment during the leave | • Currently, the LPA allows a pregnant female employee to take maternity leave for no more than 98 days per pregnancy. Such an employee is entitled to 100% of wages for 45 days.
• Under the Amendment, the maximum period for Maternity Leave is extended to 120 days with 100% of wages for 60 days.
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| 15-day Additional Maternity Leave
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• Currently, under the LPA, a pregnant female employee may take maternity leave at the maximum of 98 days without any entitlement to extend the leave in any cases.
• Under the Amendment, such an employee may submit a modern medical certificate to prove that the child was born with a condition that leads to a risk of complications, abnormalities, or disabilities, to request an additional 15-day consecutive leave.
Such an employee will receive pay at the rate of 50% of the wage of a working day received by the employee.
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| Paternity Leave for legal spouse of an employee who has given birth | • The Amendment will allow an employee taking leave to assist their legal spouse who has given birth for up to 15 days.
This leave may be taken before, on, or within 90 days after the date of childbirth. Such an employee shall receive pay for no more than 15 days.
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You may consider updating your work rules or employment contract to reflect the current increasement of maternity leave benefits and include certain relevant conditions and requirements. We would be happy to assist you with the same. Should you have any query in respect of the above, please feel free to contact us.
Timblick & Partners Ltd.
By: Sira Panichkul
Date: 10 November 2025