The Thai Legal Perspective on Paternity Leave

It is no longer uncommon for fathers to help mothers and share responsibility for the care of newborn children; however, the need to care for a mother and newborn child is not yet considered a labour right by the private sector in Thailand. Under Thai labour law, female employees who give birth are entitled to 98 days of leave, with 45 of those days paid at the normal wage rate. (Labour Protection Act BE 2541 (1998)) By contrast, paternity leave is granted, or not, at each employer’s discretion, based on the work rules and agreements with employees.

In 2012, the Labour Ministry issued an official announcement urging employers to allow employees to take leave to assist their wives during and after childbirth, with the number of days of paternity leave left to the employers’ discretion. However, this announcement carried no legal effect, and many employers still do not provide paternity leave in Thailand, which means employees must take other types of leave instead.

Paternity leave is legally recognised only in the public sector and state enterprises, where male public servants or employees of a state enterprise are entitled to take leave to care for their wives who have given birth; these employees may take up to 15 consecutive working days of leave per pregnancy. The request for leave must be submitted on or before the date the leave commences, which must be within 90 days of the child’s birth. If leave is taken within 30 days of childbirth, wages will be paid for up to 15 working days. If leave is taken more than 30 days after the childbirth, wages will not be paid, unless otherwise approved by the employer.

There have been attempts to amend the law that governs the private sector to include paternity leave, to provide better support for modern families and to promote greater gender equality in the workplace. Whether or not the proposed amendment will be passed in the near future remains unclear. However, considering current social trends in Thailand—including the recent same-sex marriage legislation—we expect entitlements relating to childcare leave will gain increasing attention and support, and that relevant laws may be amended in the future.

This Newsletter is intended merely to provide a regulatory overview and is not intended to be comprehensive; it is NOT a provision of legal advice. Should you have any questions on this or on any other areas of law, please do not hesitate to contact the following:

Chanakarn Boonyasith
Partner

Pitchabsorn Whangruammit
Associate

Atthawut Wuvanich
Associate

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