What Leave Entitlements Thailand Law Guarantees Employees
Leave entitlements Thailand employers must honor span weekly rest days, annual leave, sick leave, maternity leave, and several other recognized categories under the Labor Protection Act.The major legislation governing labor protection law in Thailand is the Labor Protection Act (the “LPA”), the same law setting the wages requirements covered in Part 3 of this series. The LPA prescribes labor protection standards applicable to both employers and employees working in Thailand. However, it does not apply to government and state enterprise employees.
Weekly Leave
Under the LPA, an employee must be given at least one day of leave per week. However, if the employee works for a hotel, the employer and employee may agree that weekly leave days can be accumulated and postponed within a period of four consecutive weeks, to be taken at a later time.
Annual Leave
An employee who has worked for an uninterrupted period of one year must be given at least six working days of personal annual leave per year thereafter.
In addition to personal annual leave, an employee must be given leave on no fewer than thirteen national holidays per year. However, if the employee works for a hotel, entertainment establishment, beverage or food shop, or similar business, the employer and employee may agree that the employee will take leave on an alternative day in substitution for an official holiday — provided the higher “holiday wages” otherwise applicable to official holidays are paid for work performed on the substitution day.
In any event, an employer must obtain an employee’s consent before requiring overtime work or work on a holiday. An exception applies where the employee works for a hotel, entertainment venue, food store, club, or similar business, in which case the employer may require holiday work without the employee’s prior consent.
Sick Leave
An employee is entitled to sick leave for as long as they are actually ill. However, if an employee takes sick leave for three days or more, the employer may require the employee to present a certification of illness from a licensed physician or official medical establishment.
Maternity Leave
A pregnant employee is entitled to maternity leave of up to ninety days per pregnancy.
Other Leave
The LPA also provides for several other categories of leave, including leave for “necessary business,” sterilization, and military training and service, among others.
Note: an employer who violates or fails to comply with the LPA may be punished, depending on the severity of the offense, with a fine of THB 5,000 to THB 200,000, imprisonment of up to one year, or both.
Employers should track leave entitlements Thailand law guarantees carefully across each employee, particularly the holiday substitution rules for hotels and similar businesses, since these arrangements require specific employee consent and proper wage treatment to remain compliant.