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Thai Labor Law 2026: Leave, Severance & Compliance Guide

  • รูปภาพนักเขียน: Rohan Jain
    Rohan Jain
  • 2 วันที่ผ่านมา
  • ยาว 3 นาที
Silhouette of a person against a blue digital background with legal icons. Text: Thai Labor Law 2026: Leave, Severance & Compliance Guide.
Thai Labor Law 2026: Leave, Severance & Compliance Guide

For foreign business owners and human resource managers, the Thai Labor Protection Act 2026 landscape has shifted. The recent LPA Amendment 2025 (No. 9) has introduced significant changes to family rights that every company must adopt to ensure compliance.


If your employment contracts or work rules still rely on the old standards, you are at risk.

This simplified guide covers the critical updates on types of leave, severance pay thailand calculation, and the new paternity leave thailand 2026 rules.



1. New Family Leave Rights (Maternity & Paternity)


The biggest change in the LPA Amendment 2025 is the expansion of family care rights. Employers and employees need to be aware that the government is pushing for better work-life balance.


Maternity Leave Thailand 120 Days


Previously capped at 98 days, the new standard for maternity leave thailand 120 days is now in effect.


  • Total Leave: A pregnant employee is entitled to 120 days of leave.

  • Paid Portion: Employers must pay full wages for the first 60 days (increased from 45 days). The remaining days are often covered by Social Security or are unpaid depending on company policy.


Paternity Leave Thailand 2026


For the first time in the private sector, paternity leave is now a statutory right.


  • Entitlement: Male employees can take up to 15 days of paid leave to care for a newborn.

  • Timing: This leave must be taken within 90 days of the child's birth.

  • Payment: The company is required to pay full day wages during this period.


These changes mean you must update your work rules immediately to reflect these new legal requirements.



2. Severance Pay: The 400 Days Rule


When you terminate employees or when staff retire, you must follow the strict termination laws thailand. Severance is based on the length of service and the employee's latest salary.

Years of Service

Severance Pay Entitlement

120 days – 1 year

30 days of last wage

1 year – 3 years

90 days of last wage

3 years – 6 years

180 days of last wage

6 years – 10 years

240 days of last wage

10 years – 20 years

300 days of last wage

20 years or more

400 days severance


3. Sick Leave & Medical Certificates under Thai Labor Law


Thai labor law sick leave provisions remain a common source of confusion.


  • Entitlement: An employee can take as many sick days as necessary if they are genuinely ill.

  • Paid Sick Leave: The employer is only required to pay for the first 30 working days per year.

  • Evidence: You can demand a medical certificate only if the employee is absent for 3 or more consecutive working days.


If an employee takes frequent 1-day or 2-day sick leaves, you generally cannot demand a doctor’s note every time. However, you can track patterns to identify potential abuse.



4. Overtime & Holiday Pay Rules


To maintain hr compliance thailand, you must calculate overtime correctly. Overtime rules thailand are strict about rates for work done outside normal hours or on public holidays.


  • OT on Normal Days: 1.5x the hourly rate.

  • Work on Holidays: If you require staff to work on a public holiday during normal hours, they get 1x additional pay (on top of their salary).

  • OT on Holidays: If they work overtime on a holiday, the rate jumps to 3x the hourly rate.


Consent is Key: You cannot force staff to work OT without prior consent unless the nature of work requires continuity.



5. HR Compliance Checklist for 2026


มนุษย์เงาใช้แล็ปท็อปบนพื้นหลังสีน้ำเงินระยิบระยับ มีไอคอนตราชั่ง, เอกสาร, ปฏิทิน พร้อมข้อความ HR Compliance Checklist for 2026.
HR Compliance Checklist for 2026

To navigate thai labour laws effectively in 2026, ensure you check these boxes.


  1. Update Contracts: Do your employment contracts mention the 400 days severance clause?

  2. Revise Handbooks: Have you added the maternity leave thailand 120 days and paternity leave policies?

  3. Review Reporting: Ensure you submit the annual employment conditions report (Kor Ror 11) in January as required by the new LPA Amendment 2025.


Failing to meet these legal requirements can lead to heavy fines and disputes.



Partnering with Hyperwork Recruitment


Navigating termination of employment and complex thai labor laws is difficult. Finding the right people shouldn't be.


At Hyperwork Recruitment, we understand that great HR starts with great hiring. We advise our clients on market-standard benefits and help you build a team that values long-term stability. Whether you need help with it staffing or finding HR leaders who know the law, we are here to help.


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References


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