[December 2025 Update] This article was written in September 2025, before the amendment was enacted. The Labour Protection Act (No. 9) subsequently came into force on December 7, 2025. For details on the enacted law — including 120-day maternity leave and 15-day spousal leave — see this article.
Key Takeaways
- Thailand’s Labor Protection Act (LPA) currently provides 98 days of maternity leave and no statutory parental leave — both are under review
- Proposals include extending maternity leave to up to 180 days and introducing mandatory paternity leave
- Japanese companies should prepare now: assess cost scenarios, review employment rules, and plan for longer absences
Introduction
“Thailand’s maternity leave is still manageable compared to Japan.” “We don’t have to worry about paternity leave here.” These are observations Japanese HR managers in Thailand sometimes make — but the assumptions underlying them may soon change.
Thailand’s government is currently considering significant amendments to the Labor Protection Act (LPA / พระราชบัญญัติคุ้มครองแรงงาน). Domestic concerns about declining birth rates, combined with ILO standard-alignment and labor conditions assessments tied to the OECD accession process, are driving the reform. This article outlines the direction of reform and its practical implications for Japanese companies.
1. Why Is This Reform Happening Now?
Thailand’s Declining Birth Rate
Thailand’s total fertility rate has fallen to around 1.3, far below the replacement level of 2.1. The government has made reversing this trend a policy priority, and strengthening parental support in the workplace is part of the response. LPA reform is intended to provide the legal foundation for that effort.
ILO Standards and the OECD Accession Process
ILO Maternity Protection Convention No. 183 sets a minimum of 14 weeks (98 days) of maternity leave — which Thailand currently meets, but only at the floor. Most OECD member countries provide significantly more. Thailand’s OECD accession assessment includes evaluation of labor conditions and gender equality, creating pressure to align with international norms. The trajectory is familiar to Japanese companies: Japan’s own childcare leave legislation has been progressively strengthened over the past decade, and Thailand appears to be following a similar path.
2. The Current Framework at a Glance
Maternity Leave
Under the current LPA, female employees are entitled to up to 98 days of maternity leave (covering both pre- and post-natal periods). Of this, 45 days are paid by the employer, with the remaining portion covered by the Social Security Fund (SSF). Leave for miscarriage or stillbirth is also recognized.
This mirrors the headline number of Japan’s pre/post-natal leave (6 weeks before + 8 weeks after = 98 days), though the funding mechanism differs.
Parental Leave
Japan’s Act on Childcare Leave allows employees to take leave until a child turns one year old (extendable to two). Thailand’s LPA contains no equivalent statutory parental leave provision. Some employers offer it voluntarily through internal rules, but there is no legal entitlement — particularly for fathers.
Labor Welfare Fund
Workplaces with 50 or more employees are required to establish a Labor Welfare Committee comprising employee and employer representatives. The committee addresses employee welfare matters, but the financial underpinning and practical scope of these committees varies considerably across companies.
3. Key Points of the Proposed Amendments
The following reflects the direction of current policy discussion. No draft legislation has been finalized.
① Extension of Maternity Leave (up to 180 days under discussion)
The most prominent proposed change is extending maternity leave to up to 180 days — well beyond the 18 weeks (126 days) recommended by ILO Convention No. 183. How the cost of the extended period would be split between employers and the SSF is also under discussion, and the outcome will materially affect what employers ultimately bear.
② Introduction of Statutory Parental Leave (Including Paternity Leave)
Creation of a statutory parental leave entitlement is under consideration, with particular attention to mandatory paternity leave. This mirrors the direction Japan took with its 2022 childcare leave reform, which introduced stronger obligations on employers to facilitate paternity leave. The likely form in Thailand is a shorter entitlement of days to weeks of paid leave, though the specific parameters remain under discussion.
③ Strengthening the Welfare Fund
Discussions are underway on requiring employers to make mandatory financial contributions to welfare funds — moving beyond the current committee structure toward something closer to a funded benefit scheme. One model under consideration resembles Japan’s Small and Medium Enterprise Retirement Allowance Mutual Aid (Chutaikyo) system.
④ Adjustments to Annual and Sick Leave
Proposals include increasing the minimum annual leave entitlement (currently 6 days after one year of service) and reviewing sick leave provisions (currently 30 days per year, with no doctor’s certificate required for up to 3 days). Details remain under discussion.
4. Practical Implications for Japanese Companies
① Labor Cost Impact
If maternity leave is extended, the most direct effect is an increase in labor costs — specifically the employer-paid portion. For small and mid-sized operations with a significant proportion of female employees, the impact could be meaningful. If the SSF burden is simultaneously expanded, however, the net employer cost increase may be partially offset.
Practical step: While exact figures are not yet determinable, consider running cost scenarios based on your current workforce composition — proportion of female employees, age distribution, and historical maternity leave usage.
② Employment Rules and Contract Review
If statutory parental leave is introduced, it will need to be reflected in your company’s employment rules (and potentially individual employment contracts). Alignment with your Japanese parent company’s global HR policies — without falling below Thai legal minimums — will be an important design consideration.
Practical step: Review your current employment rules now, identify where “parental leave” provisions are absent or limited, and prepare to update them when the law changes.
③ Business Continuity Planning for Longer Absences
A significant extension of maternity leave means longer planned absences to manage. For specialist or managerial roles, ensuring business continuity during extended leave will require more deliberate planning than is currently typical in Thailand.
Practical step: Begin cross-training, documenting key processes, and identifying potential temporary replacements — not just for maternity, but as a general resilience measure.
5. Timeline and Outlook
The Ministry of Labor and relevant legislative bodies are still in the stakeholder consultation phase. A formal draft bill has not yet been submitted to parliament. That said, given the OECD accession timeline and the government’s stated birth-rate policy priorities, draft legislation could realistically be introduced during 2026. The direction of reform is unlikely to reverse materially, even if specific provisions are adjusted during the legislative process.
Summary — Three Things to Do Now
① Model the cost impact of extended maternity leave using your current workforce data
Even a rough scenario analysis — based on your employee count, female proportion, and average age — will help leadership understand the potential scale of change and plan accordingly.
② Review your employment rules for gaps in parental leave coverage
Identify what your current rules say (or don’t say) about maternity and parental leave. Prepare draft amendments so you can move quickly once the law is confirmed.
③ Start building business continuity processes for longer planned absences
Cross-training and process documentation are worthwhile investments regardless of legal change. Treat the reform as a prompt to build more resilient operations.
Support from professionals with expertise in both Thai labor law and Japanese HR practice can add significant value in navigating these changes. Our firm works in collaboration with JTJB International Lawyers’ Thai-qualified attorneys.
If you would like to discuss how Thailand’s labor law reform may affect your operations, or need support reviewing your employment rules and contracts, please feel free to reach out.
This article is for general informational purposes about Thailand’s legal system and does not constitute legal advice under Thai law. For specific matters, please consult a Thai-qualified legal professional. Our firm works in collaboration with JTJB International Lawyers’ Thai-qualified attorneys.