Maternity Leave in Thailand 2026: 120 Days & New Rules

Thailand significantly expanded maternity leave in December 2025. Under the Labour Protection Act (No. 9) B.E. 2568 (2025), effective 7 December 2025, female employees are now entitled to 120 days of maternity leave per pregnancy, up from 98 days previously. The amendment also introduced the country’s first-ever statutory paid spousal leave (15 days) and a new 15-day infant-care leave for medical complications.

For international employers using an Employer of Record in Thailand, the cost structure changed substantially. Employers must now pay the first 60 days at 100% of regular wage (up from 45 days), with the Social Security Fund (SSF) covering the remaining 60 days at 50% of the insured wage. The SSF benefit cap also rose on 1 January 2026, from THB 15,000 to THB 17,500, and the lump-sum maternity grant increased from THB 22,500 to THB 26,250 per childbirth.

This guide covers Thailand’s full 2026 maternity leave framework: eligibility under the Social Security Act, the 60/60 pay split between employer and SSF, the new spousal and infant-care leave entitlements, total employer cost calculations, and how Thailand’s policy compares to other Southeast Asian hiring markets.

Thailand’s maternity leave framework is governed by two pieces of legislation: the Labour Protection Act (LPA) B.E. 2541 (1998), as amended in 2025, which sets the employer’s obligations, and the Social Security Act B.E. 2533 (1990), which governs SSF benefits. The December 2025 amendment (Labour Protection Act No. 9, B.E. 2568) is the most substantial change in nearly 30 years.

A critical detail: the 120 days count as calendar days, not working days. Weekends, Thai public holidays, and any other non-working days fall within the leave period. An employee starting maternity leave on 1 February 2026, for example, will finish her entitlement on 31 May 2026.

Maternity leave applies equally to all female employees regardless of nationality, contract type (permanent or fixed-term), or working hours. It cannot be waived, reduced, or substituted with cash compensation except where the employee chooses not to take the full entitlement.

To qualify for paid Social Security maternity benefits, Thai employees must meet the 5-of-15 contribution rule: the employee must have paid SSF contributions for at least 5 months within the 15 months preceding the start of maternity leave. This rule applies to all SSF-covered benefits, not just maternity.

Employees who do not meet the 5-of-15 rule may still receive the first 60 days of employer-paid leave (if they have completed 180 days of continuous service), but will not qualify for SSF benefits for the remaining 60 days. In practice, this scenario is rare for full-time private-sector employees who have worked in Thailand for more than a year.

The lump-sum childbirth grant of THB 26,250 (up from THB 22,500 in 2025) is paid separately from the maternity leave pay. It is a one-time payment to cover pregnancy and childbirth-related medical expenses, available for each pregnancy. Eligibility also requires the 5-of-15 rule. For twins, triplets, or multiple births, the grant is paid once per childbirth event, not per child.

The 2025 amendment also introduced two entirely new leave categories that did not exist before in Thai labour law: paid spousal leave and infant-care leave for medical complications.

Spousal leave is a first for Thailand. Employees whose spouse gives birth are entitled to 15 calendar days of fully paid leave, which must be taken within 90 days of the birth. This entitlement applies regardless of the employee’s gender, meaning same-sex spouses and male employees with female spouses both qualify. Previously, only government employees had any form of spousal/paternity leave; private sector employees had zero statutory entitlement.

Infant-care leave applies to female employees whose newborn has medical complications, disabilities, or serious illness risks. After the standard 120-day maternity leave, the mother may take an additional 15 consecutive days at 50% of her regular wage, subject to medical certification. This leave is designed to support infants born prematurely or with congenital conditions requiring extended parental care.

Calculating the true employer cost of maternity leave in Thailand requires accounting for both direct wage payments and the value of lost productivity. Below is a worked example for an employee earning THB 50,000 gross per month (~USD 1,420).

For employees earning at or below the THB 17,500 SSF ceiling, the SSF-paid portion of leave delivers close to 50% of regular wage. For higher earners, the effective replacement rate drops significantly because the SSF cap limits the benefit regardless of actual salary. An employee earning THB 100,000/month receives only THB 8,750/month from SSF (8.75% of normal pay) during days 61-120.

Many employers, particularly multinational companies and competitive Thai firms, voluntarily top up SSF-paid maternity leave to 100% of regular wage for the full 120 days. This is not a legal requirement but has become a standard competitive benefit in technology, finance, and professional services. Budget for this possibility when offering packages to senior female candidates.

Thailand’s December 2025 maternity reform aligns the country with International Labour Organization recommendations (minimum 14 weeks paid leave) and positions it competitively against Southeast Asian peers. Below is how Thailand now compares to other major hiring markets in the region.

Thailand now ranks third in Southeast Asia for maternity leave duration, behind Vietnam and Singapore. The 15-day paid spousal leave matches or exceeds most regional peers except Singapore. However, Thailand’s employer-paid cost is the highest in the region after Indonesia. In Vietnam, the Philippines, and Cambodia, state insurance funds carry most of the maternity pay burden. In Thailand, employers pay half of the total leave directly.

For companies deciding between Thailand and Vietnam for Southeast Asian hiring, maternity cost is now a meaningful differentiator. Vietnam’s state-paid 180 days versus Thailand’s 60 days of employer-paid leave creates a 2x difference in direct maternity cost exposure per childbirth event.

Update policies and payroll systems before December 2025

All Thai employers, including international companies using an EOR, must have updated employee handbooks, employment contracts, payroll systems, and leave tracking tools to reflect the new 120/60-day maternity framework by December 2025. If your documentation still references 98 days or 45 days employer-paid, it is out of compliance.

Budget for 60 days of 100% employer-paid wage per pregnancy

The direct employer cost of maternity leave in Thailand is approximately 2 months’ full salary per occurrence, plus the 5% SSF contribution on the paid period. For an employee earning THB 50,000, this is approximately THB 100,000 per maternity leave. Multiply by expected birthrate in your Thai workforce for annual budget impact.

Add the new 15-day spousal leave to all employee policies

Male employees (and same-sex spouses of birthing employees) are now entitled to 15 calendar days of 100% paid leave, to be taken within 90 days of the spouse’s childbirth. This is a brand-new statutory entitlement. Update policies and communicate to all staff, not just female employees.

Consider voluntary top-up to 100% for days 61-120

The SSF-paid portion of maternity leave (days 61-120 at 50% capped at THB 8,750) significantly under-pays higher-earning employees. Competitive employers, particularly in technology and finance, voluntarily top up to 100% of full salary for the full 120 days. This is becoming a market expectation for senior professional roles.

Track the new Kor Ror 11 annual reporting requirement

Employers with 10 or more employees must submit the Kor Ror 11 employment-conditions report to the Department of Labour Protection and Welfare annually, starting January 2026. The first report was due in January 2026, covering 2025 employment data. Ensure your EOR or in-house HR team has filed it.

Verify your EOR has adjusted the SSF wage cap for 2026

The SSF wage ceiling rose from THB 15,000 to THB 17,500 on 1 January 2026. This affects both employer and employee contribution calculations as well as all SSF benefit payouts (sickness, disability, maternity, unemployment, pension). If your EOR or payroll provider has not reconfigured systems for the new cap, demand a written confirmation.