Thailand Employee Leave Rules: Annual Leave, Sick Leave, Maternity Leave and Public Holidays (Labour Protection Act)

Leave entitlements at a glance

Weekly rest days and traditional holidays

An employer must give employees a weekly rest day of not less than 1 day per week, with no more than 6 days between two weekly rest days; the parties may agree in advance to fix the weekly rest day on any day. For certain work such as hotels, transport, forestry work and work in remote areas, the parties may agree in advance to accumulate weekly rest days and defer them, provided they are taken within 4 consecutive weeksSection 28.

On pay, the employer must pay wages as normal for the following holidays: weekly rest days (except for employees paid by the day, by the hour or by the piece), traditional holidays, and annual leaveSection 56. In other words, a monthly-salaried employee's pay may not be docked for resting on weekly rest days or statutory traditional holidays. The specific number of traditional holidays each year and how they are announced are governed by the relevant provisions of the Labour Protection Act, and the official rules prevail (our firm can help you confirm).

Annual leave: at least 6 working days after 1 full year

An employee who has worked continuously for a full year is entitled to annual leave of not less than 6 working days per year, scheduled in advance by the employer or as agreed between the parties; from the following year onwards, the employer may grant more than 6 working daysSection 30.

• Under 1 year of service: the employer may grant annual leave pro rata to the period workedSection 30.
• Accumulation and carry-over: the parties may agree in advance to accumulate untaken annual leave and carry it over to the following year or later years to be taken togetherSection 30.
• Annual leave is paid: annual leave is a holiday for which the employer must continue paying wagesSection 56.
• Settlement on departure: where an employee is dismissed other than for a cause under Section 119, the employer must pay wages for the annual leave the employee is entitled to in that year on a pro-rata basis; for accumulated untaken annual leave, the employer must pay it out whether the employee resigns or is dismissedSection 67.

Sick leave: as many days as you are actually ill, paid up to 30 days

Employees have the right to take sick leave for as many days as they are actually ill - the law sets no cap on the number of sick days as such; for sick leave of 3 or more consecutive working days, the employer may require a certificate from a first-class modern medicine practitioner or a government hospital, and an employee who cannot provide one should give the employer an explanationSection 32.

On pay, the employer must pay sick-leave wages at the normal working-day rate, but no more than 30 working days in total per yearSection 57. Note that days off work due to a work-related injury or occupational disease, and maternity leave, do not count as sick leaveSection 32, so they do not use up the 30-day paid sick leave allowance.

Personal leave and sterilization leave

Employees are entitled to necessary personal leave of not less than 3 working days per yearSection 34; the employer must pay personal-leave wages at the normal working-day rate, but the paid portion must not exceed 3 working days per yearSection 57/1.

Employees also have the right to take leave for a sterilization procedure, for the period stated in a certificate issued by a first-class modern medicine practitionerSection 33; the employer must likewise pay wages during sterilization leaveSection 57.

120 days of maternity leave, paternity leave and pregnancy protection

• Maternity leave days: a pregnant female employee is entitled to maternity leave of not more than 120 days per pregnancy, or the number of days prescribed by Royal Decree; the leave includes leave for prenatal check-ups, and rest days falling within the leave period are counted in itSection 41.
• Additional leave to care for the newborn: a female employee who has taken maternity leave is entitled to take a further consecutive period of not more than 15 days to care for the child; if the child is at risk of complications, has an abnormality or has a disability, a medical certificate from a modern medicine practitioner must accompany the leave requestSection 41.
• Maternity pay: the employer must pay maternity-leave wages at the normal daily rate, but for not more than 60 days or as prescribed by Royal DecreeSection 59; benefits beyond the employer-paid portion may involve Social Security Fund payments, and the exact amounts are subject to the official rules (our firm can help you confirm).
• Paternity leave: an employee is entitled to leave to assist a spouse who gives birth, of not more than 15 days per pregnancy, to be used within 90 days from the date of childbirthSection 41/1.
• Transfer during pregnancy: a pregnant female employee who presents a certificate from a first-class modern medicine practitioner showing that she cannot continue in her current position has the right to ask the employer to transfer her temporarily before or after the birth, and the employer should consider moving her to suitable workSection 42.
• No dismissal for pregnancy: an employer may not dismiss a female employee on the ground that she is pregnantSection 43.

Working on a holiday and holiday overtime: how pay is calculated

If the employer requires an employee to work on a weekly rest day, a traditional holiday or an annual leave day, holiday work pay is due: an employee entitled to holiday wages (such as monthly-salaried staff) must receive, on top of the normal wages, an additional amount of not less than 1 times the working-day hourly rate (per unit for piece-rate workers); an employee not entitled to holiday wages must be paid not less than 2 times the working-day hourly rateSection 62.

For overtime on a holiday (beyond normal working hours), the employer must pay holiday overtime pay at not less than 3 times the working-day hourly rate or piece rateSection 63. An employer who fails to provide the rest days required by law is treated as having required the employee to work on a rest day, and must pay holiday work pay and holiday overtime pay at the same ratesSection 64.

What does employer compliance look like? SLF can make it happen

For employers, leave compliance is not just "granting leave". It also means scheduling and announcing weekly rest days and traditional holidaysSection 28Section 56, scheduling annual leave for employees with a full year of service and handling carry-over and termination payoutsSection 30Section 67, tracking the paid-day caps on sick leave and personal leaveSection 57Section 57/1, and correctly calculating maternity pay and holiday overtime paySection 59Section 62Section 63.

SLF Accounting's Thailand payroll outsourcing service can set up a leave ledger for your company, calculate the paid days of each leave type and the overtime pay month by month, and complete your social security and withholding tax filings in step - so that the leave rules actually land on every payslip. If you would like us to assess whether your current employee handbook and leave scheduling comply with the Labour Protection Act, please get in touch.

FAQ

How many days of annual leave are employees entitled to in Thailand?

An employee who has worked continuously for a full year is entitled to annual leave of not less than 6 working days per year; those with under 1 year of service may be granted leave pro rata (Section 30). Wages remain payable during annual leave (Section 56). The parties may agree to carry untaken annual leave over to later years; on departure, the employer must pay out wages for the current year's pro-rata entitlement and any accumulated untaken annual leave (Section 67).

Is sick leave paid in Thailand, and for how many days at most?

Sick leave is taken according to the actual days of illness, and the law sets no cap on the number of sick days (Section 32); the employer pays sick-leave wages at the normal daily rate, but for no more than 30 working days per year (Section 57). For sick leave of 3 or more consecutive working days, the employer may require a certificate from a doctor or a government hospital; work-related injuries and maternity leave do not count as sick leave (Section 32).

How long is maternity leave in Thailand and who pays for it?

Under the current statutory text, maternity leave is not more than 120 days per pregnancy, or the number of days prescribed by Royal Decree, including prenatal check-up leave (Section 41); the employer pays at the normal daily wage rate for not more than 60 days or as prescribed by Royal Decree (Section 59), and further benefits may involve Social Security Fund payments, with the exact amounts subject to the official rules. An employee whose spouse gives birth may also take up to 15 days of paternity leave within 90 days from the date of childbirth (Section 41/1).

How is pay calculated for working on a public holiday or weekly rest day?

An employee entitled to holiday wages (such as monthly-salaried staff) who works on a holiday must receive, on top of the normal wages, an additional amount of not less than 1 times the working-day hourly rate; an employee not entitled to holiday wages must be paid not less than 2 times (Section 62). Overtime on a holiday must be paid at not less than 3 times (Section 63); an employer who fails to provide the statutory rest days must compensate at the same rates (Section 64).

Related guides

• Severance Pay in Thailand: How to Calculate It When You Dismiss an Employee (Rate Table)
• Thailand Minimum Wage, Working Hours and Overtime Pay Rules
• Thailand Work Rules and Employment Documents: Compliance for Employers with 10 or More Employees