How Many Days of Maternity Leave Are Allowed? How Do You Count 120 Days?
Private-sector employees are entitled to up to 120 days of maternity leave per pregnancy. This includes weekends, public holidays, and prenatal check-up leave. Employers must pay wages for up to 60 days, while employees may also claim maternity benefits from Social Security.
Table of Contents:
- How Many Days of Maternity Leave Are Allowed? How Do You Count 120 Days?
- Q: How Many Days of Maternity Leave Are Allowed by Employment Type?
- A: Pregnant Employees Are Entitled to Maternity Leave Under the Law as Follows
- How Do You Count 120 Days of Maternity Leave?
- How Much Do Employees Receive During Maternity Leave from the Employer and Social Security?
- Summary: How Many Days of Maternity Leave Are Allowed and How Are the 120 Days Counted?
- FAQ: Frequently Asked Questions About Maternity Leave
Q: How Many Days of Maternity Leave Are Allowed by Employment Type?
Under labor law, employees are entitled to various types of leave, including annual leave sick leave personal business leave ormaternity leave . Maternity leave is an important right that gives pregnant employees time to prepare for childbirth, recover physically, and care for their newborn. Both employees and employers should therefore understand the legal maternity leave entitlements so they can plan and use them correctly. The details are as follows:
A: Pregnant Employees Are Entitled to Maternity Leave Under the Law as Follows
The number of maternity leave days depends on which law or regulation applies. Private-sector employees are covered by labor law , specifically the Labour Protection Act, while civil servants and state enterprise employees follow their respective agency regulations. As a result, the number of leave days differs.
| Employee Type | Maternity Leave | Pay During Leave | Applicable Law / Regulation |
|---|---|---|---|
| Private-Sector Employees | Up to 120 days per pregnancy | Employer-paid wages for up to 60 days + Social Security maternity benefits | Labour Protection Act |
| Civil Servants | 98 days | Full salary for 98 days, plus up to 90 additional days of childcare leave at 50% salary | Regulations on Leave for Civil Servants |
| State Enterprise Employees | 60 days | Full salary for 60 days, plus up to 30 additional days of unpaid personal leave for childcare | State enterprise regulations and employment conditions |
*Information as of November
Private-Sector Employees: 120 Days of Leave, 60 Days Paid
Female employees working in private companies are entitled to the following rights under the law:
- Up to 120 days of leave per pregnancy, covering prenatal check-ups, childbirth, and postnatal recovery.
- The employer must pay wages equivalent to normal working-day wages during the leave period, for up to 60 days.
- If the child becomes ill after birth, the employee may take up to 15 additional days of leave at 50% of normal working-day wages.
- An employee whose spouse gives birth may take up to 15 days of leave to assist their spouse. This leave may be taken before childbirth or within 90 days after childbirth and is fully paid.
Civil Servants: 98 Days of Maternity Leave Plus 90 Days of Childcare Leave
Female civil servants are entitled to 98 days of maternity leave with full salary and may continue with up to 90 additional days of childcare leave at 50% salary. These rights are governed by government regulations and are therefore not affected by changes to the Labour Protection Act.
State Enterprise Employees: 60 Days of Maternity Leave
State enterprise employees are entitled to 60 days of maternity leave with full salary and may take up to 30 additional days of unpaid personal leave for childcare. Medical expense reimbursement depends on each agency’s regulations, so employees should check the rules of their state enterprise.
How Do You Count 120 Days of Maternity Leave?
Maternity leave is counted as consecutive calendar days from the first day of leave, including Saturdays, Sundays, and public holidays that fall within the leave period. It is not limited to working days. The counting rules are as follows:
- Count all holidays that fall within the leave period , including weekly days off and traditional/public holidays. These days are not added back as replacement leave.
- Prenatal check-up leave is included in the 120-day entitlement . For example, if 3 days have already been used for prenatal check-ups, 117 days remain.
- Leave may begin before or after childbirth . The law does not prescribe a specific start date, so the employee should coordinate with the employer based on the doctor’s expected delivery date.
- The 60 paid days also include prenatal check-up leave . If 3 paid prenatal check-up days have already been used, the employer will pay wages for up to 57 more days.
Example of How to Count Maternity Leave Days
Assume an employee starts maternity leave on February 1, 2027. The leave calculation would be as follows:
| Item | Case 1: No Prenatal Check-Up Leave Used | Case 2: 3 Days of Prenatal Check-Up Leave Already Used |
|---|---|---|
| Leave Start Date | February 1, 2027 | February 1, 2027 |
| Remaining Leave | 120 days | 117 days |
| Employer-Paid Period | February 1 – April 1, 2027 (60 days) | February 1 – March 29, 2027 (57 days) |
| Last Day of Leave | May 31, 2027 | May 28, 2027 |
| Return-to-Work Date | June 1, 2027 | May 29, 2027 |
Shortcut Formula: Last Day of Leave = Leave Start Date + Remaining Leave Days − 1 Day
How Much Do Employees Receive During Maternity Leave from the Employer and Social Security?
During maternity leave, private-sector employees may receive money from two sources: employer-paid wages for up to 60 days and maternity benefits from Social Security for insured persons underSection 33. These benefits are paid separately and do not offset each other.
| Payment / Benefit | Amount | Conditions |
|---|---|---|
| Employer-Paid Wages | Equivalent to normal working-day wages, for up to 60 days | Employee takes maternity leave within the legal entitlement |
| Maternity Leave Allowance (Social Security) | 50% of average wages for 90 days, based on a wage ceiling of THB 15,000 (maximum THB 22,500) | Female insured persons who have paid contributions for at least 5 months within the 15 months before childbirth |
| Lump-Sum Childbirth Benefit (Social Security) | THB 15,000 per childbirth | The same contribution conditions apply. There is no limit on the number of claims. If the wife is not insured, an insured husband may claim this benefit instead. |
Example An employee earning THB 30,000 per month would receive THB 60,000 in employer-paid wages (30,000 ÷ 30 × 60 days), THB 22,500 in Social Security maternity allowance (15,000 × 50% × 3 months), plus a THB 15,000 lump-sum childbirth benefit.
Summary: How Many Days of Maternity Leave Are Allowed and How Are the 120 Days Counted?
Private-sector employees are entitled to up to 120 days of maternity leave per pregnancy under the Labour Protection Act (No. 9) B.E. 2568 (2025), effective from December 7, 2025. Leave is counted consecutively, including holidays and prenatal check-up leave. Employers must pay wages for up to 60 days, while employees may separately claim maternity allowance and childbirth benefits from Social Security. Civil servants and state enterprise employees follow their own agency regulations.
References
- Labour Protection Act (No. 9) B.E. 2568 (2025), Royal Gazette, published November 7, 2025
- Social Security Office: Childbirth Benefits
- Office of the Prime Minister Regulations on Leave for Civil Servants
FAQ: Frequently Asked Questions About Maternity Leave
Q: Is a Medical Certificate Required for Maternity Leave?
A: The law does not require a medical certificate to be attached for maternity leave. However, a company may request supporting documents, such as an appointment slip or a doctor’s document stating the expected delivery date, to help with work planning and accurate leave records.
Q: Can an Employee Return to Work Before Using All 120 Days of Maternity Leave?
A: Yes. The 120 days are the maximum entitlement. An employee may use fewer days and return to work earlier, in which case normal wages resume from the return date.
Q: Is Additional Maternity Leave Granted for Twins?
A: No. The law grants maternity leave per pregnancy, not per child. Therefore, giving birth to twins does not increase the maternity leave entitlement.
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