Maternity leave in Thailand grants eligible female employees 98 days of paid leave per pregnancy, with the Social Security Office (SSO) paying the wage replacement from the Social Security Fund. Under the Social Security Act B.E. 2533 (1990), employees registered under Section 33 who have contributed for at least 12 months are entitled to maternity benefits. The employer grants the leave and facilitates the SSO claim, though some employers pay wages upfront and seek reimbursement.
This guide covers maternity leave in Thailand in 2026: the 98-day entitlement, SSO eligibility and payment, employer obligations, and the job protections that apply during the leave period.
Key takeaways
- Eligible female employees receive 98 days of paid maternity leave per pregnancy, under Section 41 of the Social Security Act.
- The Social Security Office (SSO) pays the wage replacement from the Social Security Fund (SSF) at 50% of the employee’s daily wages.
- The employee must have been registered under Section 33 and contributed for at least 12 months before the confinement.
- Employers grant the leave and pay wages during the leave period, then claim reimbursement from the SSO.
- Employers cannot terminate or reduce benefits during the maternity leave period.
Who is eligible for maternity leave in Thailand?
The Labour Protection Act B.E. 2541 (1998) provides the basic maternity leave framework for all employees. The Social Security Act provides the funding mechanism for employees registered under Section 33.
| Eligibility criterion | Requirement |
|---|---|
| Gender | Female employee |
| Minimum service | None for basic leave entitlement (Labour Protection Act) |
| SSO contribution period | At least 12 months of contributions under Section 33 |
| Employment type | Full-time, part-time, or contract (Section 33 registered) |
| Coverage | All employers in Thailand with employees registered under the SSO |
Employees who are not registered under Section 33 (for example, certain categories of government employees or domestic workers) are still entitled to 98 days of maternity leave under the Labour Protection Act, but they do not receive SSO benefits.
How long is maternity leave in Thailand?
The entitlement is 98 days per pregnancy, inclusive of holidays. The leave can be taken as follows:
| Period | Duration |
|---|---|
| Before confinement | Up to 30 days (from expected date of delivery) |
| After confinement | Remaining days after delivery |
| Total | 98 days |
| Public holidays during leave | Counted as part of the 98 days |
The employee decides when to begin the leave, typically starting 30 days before the expected delivery date. The remaining days are taken after childbirth. Leave must be taken within a reasonable period before and after confinement.
Multiple births
The 98-day entitlement applies per pregnancy, regardless of whether the employee gives birth to one child or multiples.
Adoption
The Labour Protection Act does not provide specific maternity leave for adoptive mothers. However, employees may negotiate adoption leave as a company benefit or use annual/unpaid leave.
Who pays maternity leave in Thailand?
Employer obligation
The employer must grant the 98-day leave and is responsible for paying the employee’s wages during the leave period. Under the Labour Protection Act Section 41, the employer pays the employee’s wages for the first 45 days, and the SSO pays the replacement benefit for the remaining days.
For employees not covered under the SSO, the employer pays wages for the full 98 days.
SSO Maternity Benefit
For employees registered under Section 33 of the Social Security Act, the SSO provides a maternity benefit as follows:
| Payment period | Rate | Source |
|---|---|---|
| First 45 days | Employer pays full wages | Employer |
| Days 46–98 (53 days) | 50% of daily wages | Social Security Fund (SSO) |
The daily wage used for the SSO calculation is based on the employee’s average daily wages over the 12 months of contributions. The benefit is subject to a monthly ceiling set by the SSO.
Employer-SOO coordination
The typical process is:
- The employee applies for maternity leave with a medical certificate.
- The employer pays wages for the first 45 days.
- The employer submits the SSO claim for days 46–98.
- The SSO reimburses the employer for the replacement benefit.
Some employers pay the full 98 days of wages and seek reimbursement from the SSO for the full period. The SSO accepts both approaches, provided the claim is properly documented.
Employer obligations
Employers managing maternity leave in Thailand must fulfil these obligations:
- Grant the 98-day leave — Refusal is a violation of the Labour Protection Act.
- Pay wages for the first 45 days — At the employee’s full wage rate.
- Submit SSO claims for days 46–98 — Within the prescribed timeframe.
- Not terminate or disadvantage the employee — Section 42 of the Labour Protection Act prohibits dismissal during the leave period.
- Allow return to the same position — The employee returns to her role after the leave period.
- Maintain records — Keep documentation of leave granted, wages paid, and SSO claims.
Dismissal protection
Section 42 of the Labour Protection Act B.E. 2541 provides that no employer shall terminate an employee during the maternity leave period. This protection applies for the full 98 days and extends beyond the leave period.
An employer who terminates an employee during the leave period is required to pay severance pay in addition to any other entitlements. The protection is not absolute — an employer may terminate for serious misconduct — but the burden of proof is on the employer.
| Protection | Details |
|---|---|
| During leave | Full 98-day period — no termination |
| After leave | Employee returns to original position |
| Exception | Serious misconduct only (burden on employer) |
| Penalty for wrongful termination | Severance pay plus potential labour court action |
Worked examples
Example 1: Standard 98-day leave with SSO
Ploy works at a Bangkok-based company and has been registered under Section 33 for 3 years. She is expecting her first child on 1 November 2026.
- She begins maternity leave on 2 October 2026 (30 days before delivery).
- She takes the full 98 days, ending leave on 7 January 2027.
- Her employer pays full wages for the first 45 days (2 October to 15 November).
- The SSO pays 50% of her daily wages for days 46–98 (16 November to 7 January).
- The employer submits the SSO claim and receives reimbursement for days 46–98.
Example 2: Employee not covered by SSO
Nari works for a small business and has not been registered under Section 33.
- She receives 98 days of maternity leave under the Labour Protection Act.
- Her employer pays full wages for all 98 days.
- No SSO reimbursement is available.
Example 3: Multiple births
Som works for a tech company in Chiang Mai and has been registered under Section 33 for 5 years. She gives birth to twins on 15 December 2026.
- Her entitlement is 98 days regardless of the fact that she had twins.
- Her employer pays the first 45 days; the SSO covers days 46–98.
- No additional leave is provided for multiple births.
Common pitfalls
1. Forgetting that holidays count within the 98 days
Public holidays that fall during the maternity leave period are counted as part of the 98-day entitlement. Some employers incorrectly extend the leave by the number of holidays, absorbing unnecessary cost.
2. Not submitting SSO claims within the deadline
Employers must submit SSO claims within the prescribed timeframe. Late claims may result in lost reimbursement.
3. Terminating an employee during the leave period
Termination during maternity leave is prohibited under Section 42 of the Labour Protection Act. The only exception is serious misconduct, and the employer bears the burden of proof.
4. Miscalculating the daily wage for SSO
The SSO benefit is calculated at 50% of the employee’s average daily wages over the contribution period. Using the wrong wage base or failing to account for variable pay components can result in incorrect claims.
For more context, see our guide to types of leave and our overview of absence management.
Frequently asked questions
How many days of maternity leave is an employee entitled to in Thailand?
A female employee is entitled to 98 days of paid maternity leave per pregnancy, under the Labour Protection Act and the Social Security Act.
What does the SSO pay during maternity leave?
The SSO pays 50% of the employee’s average daily wages for days 46–98 of the leave period, from the Social Security Fund. The employer pays full wages for the first 45 days.
Does the employee need to have contributed to the SSO for a specific period?
Yes. To qualify for SSO maternity benefits, the employee must have been registered under Section 33 and contributed for at least 12 months before the confinement.
Can an employer terminate an employee during maternity leave?
No. Section 42 of the Labour Protection Act prohibits termination during the 98-day leave period, except in cases of serious misconduct where the employer bears the burden of proof.
Are public holidays counted within the 98-day leave period?
Yes. Public holidays that fall during the maternity leave period are included in the 98-day entitlement.
Sources
- Labour Protection Act B.E. 2541 (1998) (primary source)
- Social Security Act B.E. 2533 (1990)
- Social Security Office (SSO)
This article is general information, not legal advice. Thai labour laws are subject to amendments — confirm current requirements with the Ministry of Labour or your legal adviser.