A female foreign employee with a work permit is entitled to a maternity leave of 98 days including holidays, the same as her Thai counterparts However, the paid period is only 45 days. Most likely, the employee is registered in the Social Security system, from which she can get 1.5 months of THB 15,000 from the Social Security Office (the maximum salary that the SSO uses to calculate all compensation is THB 15,000).
Maternity leave can be counted with the days she takes to go for doctor appointments related to her pregnancy. The length of maternity leave can start at any day before estimated delivery (but the pregnancy should be at least 28 weeks).
Moreover, the female employee will also receive coverage for child delivery expenses from the Social Security Fund. She may deliver a child at any hospital and will receive a lump sum for child delivery of THB 13,000. To be able to receive the SSO benefits, she has to fill out some paperwork at the Social Security Office after she has delivered her baby.
However, if she takes a leave more than 98 days, it is up to the employer to deduct her salary for the number of days in excess of 98 or treat it as paid leave, annual leave or sick leave.
Female work permit holders should note that they can avail the same benefits for Thai nationals from the SSO provided that they are registered in the system and they have worked with the company for at least 5 months. MSNA has a vast knowledge and expertise on Thai labor law, accounting, taxation and payroll. Contact us now for consultation.