Maternity leave under Thai law: how many days, who pays for what, and what HR might not tell you

The moment you tell your boss you are pregnant, many people get a single sentence from HR: “You get 120 days of maternity leave,” and that is it. But once you actually sit down with a calculator, the questions pile up. Which months does the company pay? Which months does Social Security pay? And is there a stretch where nobody pays at all?

We will sum up the latest law plainly, with example numbers so you can see the picture, plus the protections for pregnant workers that many people do not even know exist. As for how many weeks pregnant you should be when you start your leave, we have covered that separately in Take leave before the birth, or save the days for after?

What does Thailand’s latest maternity leave law say?

Quick Answer: The Labour Protection Act (No. 9) B.E. 2568 (2025) lets female employees take up to 120 days of maternity leave per pregnancy (previously 98 days), effective December 7, 2025.

The law was published in the Royal Gazette on November 7, 2025 and came into force 30 days later. The parts that concern mothers and families are just these:

Topic	Latest law	Section
Maternity leave	Up to 120 days per pregnancy	41
Wages from your employer during maternity leave	Normal working-day wage for up to 60 days	59
Baby is ill or has a complication after the birth	Up to 15 more days of continuous leave, paid at 50%	41 and 59/1
Spouse’s leave to help care	Up to 15 days within 90 days after the birth	41/1

One thing to know first: this law covers private-sector employees. Civil servants and state employees follow their agency’s own leave regulations, which are different.

Who pays for which part of the 120 days?

Quick Answer: Your employer pays full wages for up to 60 days, and the Social Security Fund pays a work-stoppage allowance of 50% of your average wages for 90 days. They are paid separately, from two different pockets.

These two payments come from different places, and they are not split by date as in “days 1 to 60 the company, days 61 to 120 Social Security,” which is what many people assume.

• Payment 1, your employer: paid on your normal payroll cycle, at your working-day wage, for up to 60 days of maternity leave
• Payment 2, Social Security: the insured woman claims it herself. It is a lump sum of 50% of average wages, calculated for 90 days. You must have paid contributions for at least 5 months within the 15 months before the birth

As for the leave days left after your employer has paid the full 60 days: put simply, the law protects your right to take the leave, but does not require your employer to pay wages for it. Some companies offer extra paid benefits, so ask clearly as soon as you announce your pregnancy.

Let’s run the numbers: on a 30,000 baht salary, how much do you get?

Quick Answer: About 60,000 baht in wages from the company, plus up to 26,250 baht from Social Security, around 86,250 baht in total over the 4 months of leave.

Let’s assume a monthly-salaried employee insured under Section 33 (the regular employee scheme), who has met the contribution conditions and uses her full entitlement.

Item	How it’s calculated	Approx.
Wages from employer	1,000 baht per day × 60 days	60,000 baht
Social Security payment	Maximum wage base 17,500 × 50% × 3 months	26,250 baht
Total over the 120 days of leave		About 86,250 baht
If working normally for 4 months	30,000 × 4	120,000 baht

Social Security calculates from the wage base used for contributions, which has a ceiling. For 2026 to 2028, the ceiling is 17,500 baht, so anyone earning more than that gets the same 26,250 baht. If you earn less, it is 50% of your actual average wage.

Honestly, your total income will definitely drop during maternity leave. If you plan the household budget a month or two ahead, you will breathe much easier. For the steps to claim from Social Security, read How to claim childbirth benefits from Social Security

What might HR not tell you?

Quick Answer: Days off for prenatal checkups count toward the 120 days, holidays count too, a third child does not get the Social Security work-stoppage allowance, and the law has several more protections during pregnancy.

1. Days off for prenatal checkups count toward the 120 days. Section 41 says maternity leave includes leave for prenatal checkups before the birth. If you have taken several half days for prenatal appointments, ask HR how the company counts them. Some companies let you use sick leave or personal leave instead
2. Holidays count too. Weekends and public holidays that fall during your leave count as leave days, so the 120 days are calendar days, about 4 months
3. A third child does not get the 50% work-stoppage allowance. According to information published by the Parliament Library, the 15,000 baht childbirth payment can still be claimed, but not the 90-day work-stoppage allowance
4. If your baby is ill after the birth, you can take 15 more days. You need a medical certificate, and you are paid half your wage
5. A company can give more than the law, but not less. If the employee handbook says maternity leave is 98 days, that no longer applies to births after December 7, 2025

What else does the law protect during pregnancy?

Quick Answer: Your employer cannot dismiss you because you are pregnant, and cannot have you work night shifts, overtime or on holidays (with exceptions for some positions). You can also ask for a temporary change of duties if you have a medical certificate.

Chapter 3 of the Labour Protection Act, on the employment of women, states clearly:

• No dismissal because of pregnancy (Section 43)
• You can ask for a temporary change of duties if you have a medical certificate saying you cannot continue your current work (Section 42)
• No work between 10 p.m. and 6 a.m., no overtime, and no work on holidays (Section 39/1), except for some positions, such as executive or academic work, where overtime on working days is allowed if the employee agrees
• Certain types of work are not allowed, such as work with vibrating machinery, driving vehicles, or lifting loads over 15 kilograms (Section 39)

If you are pressured to resign, dismissed, or the company does not pay your maternity leave wages as the law requires, you can get advice from the Department of Labour Protection and Welfare hotline, 1546. Keep all evidence in writing, such as emails, messages and medical certificates.

Do freelancers, civil servants, or Section 39 and 40 insured persons get the same rights?

Quick Answer: No. The 120 days of leave and 60 days of wages are rights for employees under the Labour Protection Act. Other groups need to check their own rules.

• Civil servants and state employees follow their agency’s leave regulations. Ask your personnel department directly
• Section 39 insured persons (voluntary contributors who used to be employees) can claim childbirth costs if their contributions meet the conditions. For the work-stoppage allowance, check with the Social Security hotline, 1506
• Section 40 insured persons (the informal-worker scheme): rights depend on the option you signed up for. Check with 1506
• Freelancers and online sellers have no legal leave entitlement and need to plan their own income. If you run your own business, read Tax for online sellers to help plan your income during your maternity break too

What should you discuss with HR before your leave starts?

Quick Answer: Get clear answers on 4 things: your leave start date, how the 60 days of wages are paid, any extra company benefits, and the documents you need to claim from Social Security.

If it were us, we would ask these, and get the answers by email:

• Are the 60 days of wages paid in the normal payroll cycle? Are they based on base salary only, or do they include position allowances?
• Does the company offer maternity benefits beyond what the law requires?
• What type of leave did the company record for the prenatal appointments you have already taken?
• If you want to add annual leave after maternity leave ends, how many days’ notice do you need to give?
• How does the dad, whether he works at the same company or a different one, use his 15 days of leave?

Once your little one is in your arms, ongoing benefits such as the Social Security child allowance can be claimed right after you register the birth.

Maternity leave is not the company being kind. It is a right the law gives every mother. Ask clearly, use it fully, and go rest with your baby with peace of mind.