MATERNITY LEAVE AND BREAKS DURING WORK FOR BREASTFEEDING OF FEMALE EMPLOYEES ACCORDING TO THAI LABOR PROTECTION LAWS: A COMPARATIVE STUDY OF INTERNATIONAL LABOR STANDARDS AND FOREIGN LAWS

Abstract

This research has the objective to: 1. Study the concept of maternity leave and break during work for breastfeeding of the female employee; 2. Study and comparatively analyze the maternity leave and breaks during work for breastfeeding of female employee under Thai labour protection law, international labour standard and foreign laws; 3. Propose the appropriate guideline to amend and revise maternity leave and break during work for breastfeeding of female employee under Thai labour protection law by the Qualitative Research by means of the Documentary Research. The research’s result is that Thai Labour Protection Act B.E. 2541 (1998) allows female employee to be entitled to maternity leave of not more than 98 days per each pregnancy, which has not the period of maternity leave in case of having at least 2 children at a time and has not stipulated that the employer must provide the break for breastfeeding of female employee with paid. This is neither in compliance with the international labour standard nor foreign law which allows them to take additional maternity leave days if she has a pregnancy of at least 2 children and the employer gives the female employee with child under 1 year upon request to take a break for breastfeeding of 30 minutes or more for 2 times per days with paid during such period. Thai female employees have not been appropriately protected regarding maternity leave. Therefore, Thai Labour Protection Act B.E. 2541 (1998) should be amended to increase the maternity leave days for female employee who has 2 children in one pregnancy and employer to enable the female employee who has children to take a break for breastfeeding so that their children will be breastfed for a reasonable period.