Skip to main content

House of Representatives Approves Labor Protection Act Amendment to Extend Maternity Leave and Introduce Paternity Leave

  • Articles

House of Representatives Approves Labor Protection Act Amendment to Extend Maternity Leave and Introduce Paternity Leave

On 16 July 2025, Thailand’s House of Representatives passed a key amendment to the Labor Protection Act B.E. 2541 (“LPA”), which extends maternity leave and introduces paternity leave, with the goal of promoting employee welfare and providing support for evolving family responsibilities. This amendment aligns with the minimum standards set by the International Labour Organization (ILO) for the protection of female workers and reflects the broader context of Thai society. It also brings Thailand closer to fulfillment of international principles advocated by the World Health Organization (WHO) and the United Nations Children's Fund (UNICEF). 

1. Key Amendments

Based on the current draft, the parental leave amendment to the LPA makes the following key changes to existing law:

1. Extended Maternity Leave
Maternity leave will be extended from 98 days to 120 days per pregnancy. During this period, employees will be entitled to full wages for up to 60 days, an increase from the 45 days guaranteed in the existing LPA.

2. Additional Childcare Leave in Special Cases
Female employees who already have taken maternity leave will be entitled to an additional 15 days of childcare leave, at 50% wages, where the newborn suffers from a serious medical condition that poses a risk of complications, has congenital abnormalities, or has a disability.

3. Spousal Support Leave (Paternity leave)
The LPA amendment also introduces paternity leave of up to 15 days per pregnancy, during which employees who wish to assist their spouses during childbirth are entitled to full wages, provided the leave is taken within 90 days of the child’s birth. 

2. Tentative Timeline

The amendment will proceed through the standard legislative process, although the actual timeline may vary depending on factors such as legislative priorities and administrative coordination. While certain steps, such as Senate deliberation and royal endorsement, are subject to specific deadlines, others may be subject to practical and procedural discretion. The following table provides a model timeline, based on typical practices.

Process

Details

Time

1. Cabinet Approval

The Cabinet approves the draft amendment of the LPA in principle.

Completed

2. Council of State Review

The Council of State conducts a legal review to ensure consistency with Thailand’s legal framework.

Completed

3. House of Representatives Consideration

The draft legislation is submitted to the House of Representatives for consideration and approval.

Completed

4. Senate Deliberation

The Senate reviews and deliberates on the legislation.

Within 60 days after 16 July 2025

5. Submission to Prime Minister

The approved legislation is submitted to the Prime Minister for royal endorsement.

Within 60 days after step 5 is completed

6. Royal Assent

The legislation is presented to the King for royal assent.

TBC

7. Promulgation in the Royal Gazette

The law is published in the Royal Gazette.

Based on the current draft, the amendment will come into force 30 days after being published in the Royal Gazette.

Authors

ジラポン・スリワット

He advises on a wide range of merger-and-acquisition transactions, joint ventures, foreign direct investments, general corporate, international corporate finance, and restructurings. His expertise is advising, structuring and leading complex transactions both within and outside of Thailand. He regularly represents, among others, Japanese, Thai and international investors, international investment banks, international private equity investors, hedge funds and international corporations and financial institutions. His main areas of practice include public and private mergers and acquisitions (takeover rules), legal due diligence, joint ventures, fund raising, listings, block trades, stock exchange and securities exchange related laws, restructuring of shareholdings and general corporate advice. His additional areas of practice also cover banking and finance, renewable energy in Japan and Thailand, exchange control law, labor law, and debt restructurings. Before setting up the Bangkok office of Nishimura & Asahi in 2013, he worked with Linklaters for almost a decade. He is also a registered arbitrator of the Thai Arbitration Institute (TAI) with the areas of expertise in corporate M&A, joint venture, banking and finance, capital markets, debt restructurings and energy.

アピンヤー・サーンティカセーム

Apinya’s extensive practice covers a wide array of matters ranging from business set-up, domestic and cross-border transactions to day-to-day business operations, to name a few. Her clientele includes both local and international conglomerates, trading companies, aircraft operators, real estate developers, petroleum and energy companies, financial institutions, securities companies, venture capitalists, and fund managers. Well-read and a holder of law degrees from three different jurisdictions - Thailand, the United States and Japan, Apinya is able to leverage her international experience and cultural insights to effectively and efficiently resolve complex cross-border legal issues and provide tailored legal services and solutions to her clients. In addition to being a practicing lawyer, Apinya is regularly invited to teach business law at various prestigious universities in Thailand, and serves as a counsellor to the Ad-hoc Committee of the House of Representatives of Thailand for consideration of amendments to the Civil and Commercial Code. Her other notable achievements include being registered as a Barrister-at-Law, Attorney-at-Law, and Notarial Services Attorney in Thailand.