Thailand: PTO: What to expect when providing maternity leave benefits for employees in Thailand

Thailand: PTO: What to expect when providing maternity leave benefits for employees in ThailandIn Thailand, an expectant mother is protected under the Labor Protection Act of 1998. Female employees are entitled to the following:

  • 90 days of maternity leave including any holidays in that period
  • Full pay for 45 days from the employer and 45 days from the Social Welfare Fund
  • With a doctor’s certificate, a temporary change of duties either before and/or after the child’s birth is allowed
  • Protection from termination of employment due to pregnancy

Note that Ex Pats would expect medical coverage that includes Tier 1 (state of the art) hospitals.

Paternity leave – There are currently no rights for working fathers in caring for newborns in the private sector, whereas the public sector allows fathers 15 days to care for their newborn babies. For more details visit the Ministry of Labour’s website.

Eligibility

Employers in Thailand are not required to provide medical benefits for pre-natal and post-natal care and childbirth, childcare provisions or breaks for breastfeeding. For further Information se the Department of Employment’s website.

According to SOCIAL SECURITY ACT (NO. 4), Section 65: An insured person shall be entitled to maternity benefits for oneself or for one’s wife if the insured person has paid the contributions for not less than five months during the period of fifteen months before the date of receiving medical services.

If the insured person has cohabited publicly with a woman as husband and wife in accordance with the rules prescribed by the Secretary-General, the insured person shall be entitled to maternity benefits for the mother. See page 11 of this document for more details.

Please note all forms and applications for maternity benefits need to be completed in Thai. For further information see the Social Security Office website.

Maternity Benefits

Maternity benefits shall consist of:

  • Medical examination and child bearing expenses
  • Medical treatment expense
  • Medicine and medical supplies expenses
  • Confinement expense
  • Lodging, meals and treatment expenses in hospital
  • New born baby nursing and treatment expenses
  • Cost of ambulance or transportation for patient
  • Other necessary expenses

For more details see page 20 of this document.

Lump Sum Payments

The insured will receive coverage for child delivery expenses without limits. There are different requirements for lump sum payments for child delivery and wages:

  • The female insured may deliver a child at any hospital and will receive a lump sum for child delivery of 13,000 baht. The female insured will receive compensation benefits for maternity leave as well at a rate of 50 percent of the average wage for 90 days. (The compensation for child delivery can be reimbursed not more than twice.*)
  • The male insured, having a wife, and whose marriage is certified by a marriage license, or a spouse living as husband and wife, but without a marriage license, will receive only a lump sum for child delivery of 13,000 baht.

Many thanks to our Thai Partner LawtonAsia for providing this article.

* All insured people will receive benefits under the newest Social Security Act which consists of extended coverage such as cases of sickness, death, disabilities, unemployment, childbirth and childcare. In the event of child birth, the insured will receive benefits with unlimited times of up to 13,000 Baht for each birth, as well as support for taking maternity leave from work of up to 90 days, not exceeding 2 times for female insurers. As for child support, the new act provides support to children aged 0-6 years, with the benefit covering no more than 3 children. The support will be paid in lump sum each month at a rate of 400 Baht/person, whereby the original act gives coverage to only 2 children.