Legal Measures on Family Care Leave

Abstract

The purposes of this research were 1) to study the Labour Protection Act B.E. 2541 (as amended), including foreign laws on family care leave; 2) to analyze the Labour Protection Act B.E. 2541 (as amended), compared to foreign laws relating to family care leave; and 3) to seek suggestions for making development and amendment in labour protection laws on family care leave to be appropriate and fair. This study was qualitative research using books, journal articles, theses, research reports, and related electronic media in Thai and foreign languages.   

            It was found that there are no specific provisions for family care leave in the Labour Protection Act B.E. 2541. If the employees are required to take care of family members, they have to take necessary business leave or annual holidays. It is not appropriate enough to protect employees in their responsibilities to their families, may cause imbalances in life and work, and is not supported by Thailand's rise to be an aging society. Unlike the Republic of Korea and Japan, where there are legal measures on family care leave specifically to protect employees from exercising leave when it is necessary to take care of family members, which is to support the aging society and support employees to balance work with family care. 

            It was recommended that family care leave provisions should be amended in the Labour Protection Act B.E. 2541, including the protection of employees from being terminated by their employers or unfair acts caused by employees exercising their right to family care leave, and the imposition of penalties, as well as other measures that encourage employees to take care of their families, such as working hours reduce, postponement of work hours begins or ends,  overtime restrictions, limitation to work at night, etc. Besides, the employers should manage to provide family care leave for maintaining personnel within the organization and promoting work and life balance for employees.