Leave Policy in Thailand

Types of Leave

Thailand’s leave entitlements are primarily regulated under the Labor Protection Act B.E. 2541. Below is an overview of the statutory leave types employers must comply with:

• Annual Leave: Employees who have worked continuously for at least one year are entitled to a minimum of 6 working days of paid annual leave each year. Employers may grant prorated annual leave for employees with less than one year of service. Employers are required to fix the dates of leave in advance, either unilaterally or by mutual agreement.
• Sick Leave: Employees are entitled to unlimited sick leave. However, employers are only required to provide up to 30 paid sick days per year. For absences longer than three days, a medical certificate may be requested.
• Personal Business Leave: Employees are entitled to at least 3 paid days of personal business leave annually. Employers must not deduct this from the annual leave quota.
• Maternity Leave: Pregnant employees are entitled to 98 days of maternity leave, which includes holidays and weekends. Employers must pay wages for up to 45 days of leave, while the Social Security Fund covers the remaining period under certain conditions.
• Sterilization Leave: Paid leave is provided for the period recommended by a physician following sterilization surgery.
• Military Service Leave: Male employees required to attend military service training or readiness testing are entitled to up to 60 days of paid leave per year.
• Training Leave: Employees may request unpaid leave for education or skill development, provided it does not exceed 30 days or negatively impact the business.

Unused Leave

According to the Supreme Court of Thailand, employees have the right to carry over unused annual leave to the following year unless otherwise specified. Employers must pay unused leave upon termination. The right to claim wages for unused leave must be exercised within two years from the entitlement date.

Consequences of Mismanagement

Failure to fix annual leave in advance is a criminal offence under Section 146 of the Labor Protection Act, punishable by a fine of up to THB 20,000. Non-compliance with leave payments, particularly upon termination, exposes employers to penalties and labor disputes. Accurate tracking and timely payout are essential to mitigate risks.

Public Holidays

Thailand has 13 to 16 official public holidays per year depending on government announcements. Holidays such as Songkran (Thai New Year), the King’s Birthday, and Buddhist Lent are widely observed. If a public holiday falls on a weekend, a substitute holiday must be provided on the following working day. These holidays are separate from annual leave and must be paid if the employee normally works on that day.

How AYP Manages Leave Compliance

AYP helps employers operating in Thailand comply with labor law by managing leave accruals, entitlements, carryovers, and termination payouts accurately. Our Employer of Record platform ensures automated tracking of statutory leave, integration with payroll, and guidance on local nuances such as sterilization leave or training leave eligibility. We reduce the risk of penalties through robust compliance processes tailored to Thailand’s labor framework.

Contact Us

Looking to hire in Thailand? AYP offers full-service Employer of Record solutions to help you stay compliant with leave regulations, payroll, and employment laws. Get in touch with us today to simplify your expansion in Southeast Asia.