Hmmmm, you are not going to like the next bit.
- 90 days of maternity leave including any holidays in that period
- 45 days Full Pay from the employer
- 45 days from the Social Welfare Fund (if you have paid contributions to the Social Welfare Fund for at least 7 months prior to the pregnancy*)
- 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
- Employers are not required to provide medical benefits for pre-natal and post-natal care and childbirth, childcare provisions or breaks for breastfeeding
“Leave” means a day on which an Employee takes sick leave, leave for steilisation, leave for necessary business, leave for military service, leave for training or knowledge and skill development or maternity leave;
Section 32. An Employee is entitled to sick leave as long as he or she is actually sick. For sick leave of three days or more, the Employer may require the Employee to produce a certificate from a frst class physician or an offcial medical establishment. If the Employee is unable to produce a certifcate from a frst class physician or an offcial medical establishment, the Employee shall give an explanation to the Employer. If a physician is provided by the Employer, this physician shall issue the certificate except where the Employee is unable to be examined by the physician. A day on which an Employee is unable to work on account of injury or illness arising out of employment or on maternity leave under Section 41 shall not be regarded as sick leave under this Section.
Chapter 3 provides guidance specifically for the employment of women:
Section 38. An Employer shall be prohibited to require a female Employee to perform any of the following work:
(1) mining or construction work to be performed underground, underwater, in a cave, in a tunnel or mountain shaft, except where the conditions of work are not harmful to health or body of the Employee;
(2) working on a scaffold of ten metres or more above the ground;
(3) producing or transporting of explosive or infammable materials, except where the conditions of work are not harmful to health or body of the Employee;
(4) any other work as prescribed in the Ministerial Regulations.
Section 39. An Employer shall be prohibited to require a female Employee who is pregnant to perform any of the following work:
(1) work involving vibrating machinery or engine;
(2) work of driving or going on a vehicle;
(3) work of lifting, carrying on the back, carrying on shoulder, carrying with a pole across shoulder, carrying on a head, pulling or pushing of loads in excess of fifteen kilograms;
(4) work on a boat; or
(5) any other work as prescribed in the Ministerial Regulations.
Section 39/1 An Employer shall be prohibited to require a female employee who is pregnant to work between 10.00 p.m. and 06.00 a.m., to work overtime or to work on holidays. Where the female employee who is pregnant works in an executive position, academic work, clerical work or work relating to fnance or accounting, the Employer may require the employee to work overtime in the working days as long as there is no effect on the health of pregnant employee and with prior consent of the pregnant employee on each occasion.
Section 40. Whereas an Employer require a female Employee to work between 24.00 hours and 6.00 hours and the Labour Inspector is of the opinion that the work may be hazardous to her health and safety, the Labour Inspector shall report it to the Director-General or a person entrusted by the Director-General for consideration, and shall order the Employer to change or reduce the female Employee’s working hours, as inspector deems appropriate, and the Employer shall comply with such order.
Section 41. A female Employee who is pregnant shall be entitled to maternity leave of not more than ninety days for each pregnancy. Any Leave taken under paragraph one shall include Holidays during the period of Leave.
Section 42. Whereas a female Employee who is pregnant presents a certifcate from a first class physician certifying that she is unable to continue in her previous duties, the Employee shall be entitled to request the Employer to temporarily change her duties before or after delivery, and the Employer shall consider changing her duties to suitable work for such an Employee.
Section 43. An Employer shall not terminate the employment of a female Employee on the grounds of her pregnancy.
Section 59. An Employer shall pay Wages to a female Employee for maternity leave equivalent to Wages of a Working Day throughout the Leave period, but not exceeding forty five days per year.
Section 38, was amended by the Labour Protection Act.(No.2) B.E. 2551 / Section 39, was amended by the Labour Protection Act.(No.2) B.E. 2551 / Section 39/1, was added by the Labour Protection Act.(No.2) B.E. 2551Please note that any translations or interpretations of any applicable laws or guidelines should not be wholly relied upon and should be verified by an appropriate Lawyer or professional.