Thailand’s Labor Protection Act (No. 9) came into force on December 7, 2025, bringing the most significant expansion of family-support entitlements in the country’s modern labor history. Maternity leave has been extended from 98 to 120 days, and a 15-day spousal leave has been introduced for the first time in the private sector. The law is already in effect — companies that have not yet updated their work rules, handbooks, or payroll systems need to act now.
1. Overview — What Changed and Why
About Labor Protection Act (No. 9) B.E. 2568
The amendment is formally titled Labour Protection Act (No. 9) B.E. 2568 (2025) (พ.ร.บ.คุ้มครองแรงงาน ฉบับที่ 9 พ.ศ. 2568). It was published in the Royal Gazette on November 7, 2025, and entered into force 30 days later on December 7, 2025.
The reform was driven by three converging pressures:
- ILO Maternity Protection Convention standards — the previous 98-day leave fell short of the ILO’s recommended minimum
- WHO/UNICEF breastfeeding guidance — recommending at least 18 weeks of paid leave
- OECD accession process — labor standards are part of Thailand’s ongoing OECD candidacy review
Comparing Thailand and Japan
| Item | Japan | Thailand (post-amendment) |
|---|---|---|
| Maternity leave | 6 weeks pre-birth + 8 weeks post-birth (98 days) | 120 days (pre/post flexible) |
| Paid leave during maternity | ~67% via social insurance (Kenpo) | 60 days at 100% (employer-paid) |
| Parental leave | Up to 2 years (67%→50% benefit) | No separate parental leave |
| Spousal/paternity leave | Up to 28 days (Postnatal Paternity Leave) | 15 days at 100% (employer-paid) |
Thailand does not have a separate parental leave system — the maternity leave framework serves as the primary post-birth entitlement. The new spousal leave largely parallels Japan’s postnatal paternity leave (産後パパ育休) in concept.
2. Before vs. After — Quick Reference Table
| Entitlement | Before | After (from December 7, 2025) |
|---|---|---|
| Total maternity leave | 98 days | 120 days |
| Employer-paid portion | 45 days (100%) | 60 days (100%) |
| Remaining days’ pay | SSF benefit (case-dependent) | SSF benefit (details still being finalized) |
| Infant-care leave | None | Up to 15 days (50% wage, employer-paid) |
| Spousal/paternity leave | None | Up to 15 days (100% wage, employer-paid) |
| Menstrual leave | None | 1 day/month (pay per company policy) see note |
| Employment Status Report | On request only | Annual self-submission (January), 10+ employees |
3. Key Changes in Detail
① Extended Maternity Leave (98 → 120 Days)
Maternity leave is extended by 22 days to 120 days total. The split between pre-birth and post-birth leave is flexible, based on medical advice and the employee’s preference.
Pay structure:
- Employer-paid: 60 days at 100% of regular wage (up from 45 days)
- Remaining 60 days: Expected to be covered by the Social Security Fund (SSF), but the specific conditions and amounts have not yet been finalized. Employers should confirm the latest position with the Social Security Office (SSO).
Transitional provision: Employees who began maternity leave before December 7, 2025 are entitled to the extended 120-day period if their leave extends into the effective date.
② Infant-Care Leave (Up to 15 Days) — New
A new category of leave for mothers whose newborns have illness, disability, or serious medical risk.
- Eligibility: Requires a doctor’s certificate
- Duration: Up to 15 days (separate from maternity leave)
- Pay: 50% of regular wage, paid by the employer
- Consecutive vs. split: The law does not explicitly address this. Companies are advised to clarify the policy in their internal work rules.
③ Spousal Leave (Up to 15 Days) — First-Ever in Thai Private Sector
The most notable innovation in this amendment: legally mandated spousal leave for employees whose partner has given birth, regardless of gender.
- Eligible: Employees whose spouse/partner has given birth (gender-neutral)
- Duration: Up to 15 days
- Deadline: Must be taken within 90 days of birth
- Pay: 100% of regular wage, fully employer-funded
- Consecutive or split: Available in either form, according to prevailing interpretations
The gender-neutral framing is significant — the law does not restrict this entitlement to male employees. Where both partners work at the same company, the mother can take maternity leave (120 days) and the other partner can take spousal leave (15 days) independently.
The 90-day window is a hard deadline. HR teams should proactively inform employees and track births to ensure timely use of this entitlement.
④ Menstrual Leave (1 Day/Month) — Note on Applicability
Some commentary sources have included menstrual leave (1 day per month) as part of the No. 9 amendment. However, information sources differ on whether this is part of the enacted No. 9 amendment or a separate bill still under legislative consideration. Before incorporating menstrual leave into work rules as a statutory obligation, we recommend verifying against the official Royal Gazette text or consulting a qualified Thai attorney.
⑤ Annual Employment Status Report — Now Mandatory
Companies with 10 or more employees must now submit an annual Employment Status Report to the Director-General of the Department of Labour Protection and Welfare (DLPW).
- Before: Only required when requested by a labor inspector
- After: Proactive annual submission due every January
- Where: Bangkok office for Bangkok-based companies; provincial DLPW offices elsewhere
- Format: Use the DLPW’s prescribed form
The first deadline under the new system was January 2026. If your company has not yet submitted, contact the relevant DLPW office promptly. Note that this is a separate obligation from EWF registration (see our EWF article for details).
4. Cost Impact Simulation
Using a monthly salary of THB 20,000 as a baseline (approx. THB 667/day):
| Leave Type | Calculation | Cost per Employee |
|---|---|---|
| Maternity leave increase (+15 days employer-paid) | 667 × 15 days × 100% | ~THB 10,000 |
| Spousal leave (new, 15 days) | 667 × 15 days × 100% | ~THB 10,000 |
| Infant-care leave (up to 15 days) | 667 × 15 days × 50% | ~THB 5,000 |
Scenario: 50-employee company with 2–3 births per year
- Maternity pay increase: 3 × THB 10,000 = THB 30,000
- Spousal leave (partner): 3 × THB 10,000 = THB 30,000
- Estimated additional annual cost: ~THB 60,000–90,000
In absolute terms, the direct wage cost is manageable. The more significant business impact is typically workforce coverage — ensuring adequate staffing during extended absences. Companies should begin planning around anticipated leave periods proactively.
5. Action Checklist — What to Do Now
The law has been in effect since December 7, 2025. If your company has not yet taken the following steps, please act urgently.
Immediate (Do Now)
- Revise Work Rules — reflect maternity leave at 120 days, spousal leave at 15 days, and infant-care leave
- Update the Employee Handbook — explain the new entitlements and how to apply
- Update payroll system settings — configure 60-day paid maternity, 100% spousal leave, 50% infant-care leave
Urgent (Complete by Mid-2026)
- Employment Status Report — if not submitted for January 2026, contact DLPW immediately
- Train managers and HR — accurate understanding of the 90-day spousal leave window, doctor’s certificate requirements, etc.
- Employee communications — notify all staff of the changes via internal memo or information session
Ongoing
- Monitor pending legislation — annual leave extension to 10 days, family care leave, anti-discrimination expansion, etc. are still under review
- Track SSF maternity benefit updates — details on the remaining 60 days of maternity pay via SSF remain to be finalized
6. FAQ
Q1. Does this apply to Japanese expatriates working in Thailand? Yes, if they are employed under a Thai employment contract. For employees on secondment from a Japanese parent company (where the original employment contract is maintained with the parent), the applicable rules depend on the nature of the arrangement. Review individual contracts.
Q2. Can both partners take leave if they work at the same company? Yes. The mother can take maternity leave (120 days) and the other partner can take spousal leave (15 days) independently, even within the same company.
Q3. What does “gender-neutral” spousal leave mean in practice? The law grants the entitlement to any “employee” whose partner has given birth, without specifying gender. It is commonly referred to as paternity leave, but the statutory language is gender-neutral.
Q4. What happens if we don’t update our work rules? The law applies directly to employees regardless of what the work rules say. However, having work rules that conflict with statutory requirements creates legal and compliance risk, particularly during labor inspections or disputes.
Q5. Where do we submit the Employment Status Report? For companies in Bangkok: the Bangkok DLPW office. For regional companies: the provincial DLPW office in your area. Use the DLPW’s prescribed form. Contact the office directly for the latest form and submission guidelines.
7. Looking Ahead — More Changes on the Horizon
Beyond the No. 9 amendment, a further round of labor law reforms is currently under legislative consideration. These are not yet law, but companies should monitor their progress:
| Item | Current | Proposed |
|---|---|---|
| Annual paid leave | 6 days after 1 year | 10 days after 120 days |
| Menstrual leave | 1 day/month (see note above) | 3 days/month under separate proposal |
| Family care leave | None | 15 days/year |
| Breastfeeding rights | None | 2 × 30-minute paid breaks/day + nursing room requirement |
| Anti-discrimination | Limited | Explicit protection for disability, gender identity, religion, political beliefs |
Combined with the Employee Welfare Fund (EWF) launching in October 2026, Thailand’s labor law environment is entering a period of significant change. For details on the EWF — another compliance item your company needs to prepare for — see this article.
Conclusion
The Labor Protection Act (No. 9) amendment represents a meaningful upgrade to employee family entitlements in Thailand. For Japanese SMEs, the practical implications are clear: update your work rules, adjust payroll, and communicate the changes to employees. The law is already in force — the time to act is now.
If you need support with work rule revisions, HR policy updates, or labor cost modeling under Thai and Japanese law, please feel free to contact us.
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.