Introduction
Leave Policy in Thailand is governed by the Labour Protection Act, Buddhist Era 2541, which defines minimum employee entitlements for annual leave, public holidays, sick leave, personal business leave, maternity leave, and other statutory absences. Employers must follow these rules when managing employee time off and payroll obligations in 2026.
Companies must correctly categorize leave types because each category has different eligibility, pay, documentation, and approval requirements.
Incorrect leave calculations or records can result in wage disputes, payroll corrections, and employee complaints. Employers also need to understand special categories such as maternity leave, paternity leave, military service leave, and training leave to maintain accurate employment practices.
In this guide, we explain annual leave, public holidays, statutory leave types, pay rules, and key employer responsibilities under Thailand’s regulations.
What are the different types of leaves in Thailand?
Employees in Thailand are entitled to various statutory leave categories, including annual leave, sick leave, business leave, maternity leave, sterilization leave, military leave, and training leave, which we will explain in greater detail below.
Personal business leave
Any type of personal business leave cannot be treated as part of an employee's paid annual leave time. For example, if an employee must take time off from work to care for a sick child or family member, this is obviously not a vacation, which means it must not be categorized as annual leave.
Under Section 34 of the Labour Protection Act, employees are entitled to at least three working days of necessary business leave per year. This leave is a separate statutory entitlement from annual leave.
After the employer grants the employee's request for personal business leave time, the employer cannot then deduct those personal business leave days from the employee's annual paid leave time.
Sick leave
Employees in Thailand may take sick leave when they are genuinely ill, and Thai labour law does not specify a maximum number of sick leave days. However, wage payment during sick leave is limited to 30 working days per Labour Protection Act.
If an illness makes it necessary for an employee to miss three or more days of work, the employer may require the employee to produce a certificate from a qualified medical professional.
Sick leave does not comprise any time an employee is unable to work due to work-related illness or injury.
Maternity leave
The statutory maternity leave entitlement in Thailand is 120 days per child under the amended Labour Protection Act, as confirmed by the Thailand Ministry of Labour’s announcement on the 120-day maternity leave law.
Employers must pay wages for up to 60 days of maternity leave at the employee’s normal working-day wage rate
Paternity leave
Thailand provides statutory leave for an employee whose spouse gives birth. Employees may take up to 15 days of paid leave to support their spouse after childbirth under the amended Labour Protection Act, as confirmed by the Thailand Ministry of Labour’s announcement on the updated maternity and spouse leave provisions
Sterilization leave
Employees in Thailand are entitled to take leave following sterilization surgery. The employer should pay the affected employee at a rate equal to their regular wages for as long as the period a qualified medical practitioner prescribes, which the employee or practitioner should provide to the employer via a certificate.
Adoption leave
There is no specific entitlement in Thailand for adoptive parents to take paid time off from work following the adoption of a child or children. Employers may provide adoption-related leave benefits through company policies.
Bereavement leave
Bereavement leave is not specified by law in Thailand. Rather, it depends on company policy, and an agreement between the employer and the employee generally dictates allowed bereavement leave.
Military leave
Employees who are required to perform military duties, including inspection, readiness testing, or military training, are entitled to military service leave under Thai labour law, as outlined in the Thailand Ministry of Labour’s employee rights guidance
The military leave policy in Thailand requires employers to pay the employee at a rate equal to their regular wages for this, not exceeding 60 days per year.
Training leave
Employees in Thailand may request leave for training or skills development activities that meet the requirements established under Thai labour regulations. The Thailand Ministry of Labour’s employee rights guidance recognizes training and development leave as a statutory leave category.
An employer may refuse training leave where the request does not meet legal requirements or where permitted exceptions under Thai labour regulations apply, including circumstances affecting business operations. Employers should review the applicable ministerial regulations before denying a request.
Jury duty leave and voting leave
There is no legally mandated leave policy in Thailand to allow employees to vote or participate in jury duty. Whether to allow an employee to take leave for either of these reasons is up to the employer.
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Talk to an expertWhat are the public holidays in Thailand?
Traditional holidays in Thailand are separate from annual leave entitlements. Employers must provide statutory traditional holidays in addition to annual leave benefits, as confirmed in the Thailand Ministry of Labour’s employee rights guidance, which distinguishes traditional holidays from annual vacation rights
The table below lists Thailand’s main public holidays and non-working days. Private-sector employers must announce at least 13 traditional holidays each year, including National Labour Day, while the exact holidays observed may vary according to the employer’s annual holiday announcement, as explained by the Thailand Ministry of Labour’s labour rights guidance
Thailand public holiday calendar
- January 1
- Day off for New Year's Day
- Māgha Pūjā (also written as Makha Bucha
- Chakri Day
- Songkran (Thai New Year)
- Labor Day
- Coronation Day
- Royal Ploughing Ceremony Day (tentative date)
- Visakha Bucha
- Queen Suthida's birthday
- Day off for Visakha Bucha
- Day off for Queen Suthida's birthday
- King Vajiralongkorn's birthday
- Khao Phansa Day (Buddhist Lent Day)
- The Queen's birthday / Mother's Day
- Day off for the Queen's birthday / Mother's Day
- Anniversary of the death of King Bhumibol
- King Chulalongkorn Day
- King Bhumibol's birthday / Father's Day
- Constitution Day
- Day off for Constitution Day
- New Year's Eve
Some Thai holidays, particularly Buddhist religious holidays and other annually announced observances, may vary by year. Employers should check official annual holiday announcements, such as those published by the Bank of Thailand’s official holiday calendar, when preparing holiday schedules.
If a traditional holiday falls on an employee’s weekly holiday, the employee is entitled to a substitute holiday on the following working day. This substitute holiday is separate from annual leave under Thailand’s labour protection rules, as outlined in the Thailand Labour Protection Act
If a traditional holiday falls on an employee’s weekly holiday, the employer must provide a substitute holiday on the following working day. The substitute holiday should not be treated as annual leave.
Can unused annual leave be carried over in Thailand?
Unused annual leave may be carried forward where agreed between the employer and employee. Thai labour law does not establish an automatic right for employees to carry over all unused annual leave to future years. Employers should review applicable agreements and statutory requirements when managing unused leave balances, as explained in the Thailand Ministry of Labour’s labour rights guidance.
Employees may be entitled to compensation for unused annual leave in circumstances provided under Thai labour law, particularly upon termination of employment. Employers must calculate any outstanding leave compensation according to the employee’s statutory entitlement and applicable agreements.
Claims relating to employment-related payments may be subject to limitation periods under Thailand’s Civil and Commercial Code. Employers and employees should review the applicable limitation period based on the specific type of claim before relying on a fixed two-year period.
What happens if an employer does not schedule annual leave in advance in Thailand?
Under Section 30 of Thailand’s Labour Protection Act, employers must fix annual leave dates in advance for employees. Failure to comply with this requirement may result in a fine of up to THB 20,000 (twenty thousand baht) under Section 146 of the Labour Protection Act.
Section 64 of Thailand’s Labour Protection Act relates to holiday work compensation and does not specifically apply to an employer’s failure to schedule annual leave in advance. Annual leave obligations and related penalties should instead be assessed under the relevant annual leave provisions of the Labour Protection Act.
Unused annual leave compensation may be payable in specific circumstances, particularly upon termination of employment where an employee has accrued unused annual leave entitlement. Thai labour law does not generally require employers to convert unused annual leave into cash while employment continues.
Navigate Thailand’s employment requirements with Skuad
Managing employee leave entitlements, payroll adjustments, and statutory benefits under Thailand’s employment requirements can require careful coordination, especially for companies hiring employees across borders. Different leave categories, eligibility conditions, documentation requirements, and payment obligations can create additional administrative responsibilities for employers unfamiliar with local employment practices.
Skuad supports global teams with employment contract generation, payroll processing, statutory benefit administration, and paid leave and parental entitlement administration through its EOR platform. By supporting these employment processes, Skuad helps companies align their workforce operations with local requirements while maintaining consistent HR processes across markets.
Book a demo to see how Skuad supports global hiring in Thailand.
FAQs
1. When do employees qualify for paid annual leave in Thailand?
Employees become entitled to at least six paid annual leave days after completing one year of continuous service with the same employer. Before that point, a Thai employer may grant leave proportionately. Employment contracts or company policies can provide more generous annual leave than the statutory minimum.
2. Can employers decide when annual leave is taken in Thailand?
Generally, employers may schedule annual leave in advance under Section 30 of Thailand’s Labour Protection Act. Employees and employers may also agree on specific dates. A request can depend on staffing and business needs, but employers should ensure employees receive their statutory annual leave entitlement.
3. When can an employer request a medical certificate for sick leave in Thailand?
An employer may request a medical certificate when sick leave lasts three consecutive working days or more. Thailand’s Labour Protection Act allows certification from a first-class physician or government medical facility. Employees may take sick leave as necessary, with employer-paid sick leave generally limited to 30 working days annually.
4. How much maternity leave is available in Thailand?
Since December 7, 2025, pregnant employees in Thailand may take up to 120 days of maternity leave per pregnancy. Employers must pay normal wages for up to 60 days. The amendment also provides an additional 15 days at 50% pay when a newborn has specified medical needs.
5. Is paid paternity leave mandatory in Thailand?
Paid spousal leave is required under Thailand’s Labour Protection Act. Since December 7, 2025, an employee may take up to 15 days at full pay to support a spouse during childbirth. Employers should update leave policies to reflect this statutory entitlement and related payroll requirements.
6. How many public holidays are employees entitled to in Thailand?
Employees in Thailand are entitled to at least 13 traditional holidays each year, including National Labour Day on May 1. Employers must announce these holidays in advance and provide paid leave. If employees work on a public holiday, additional compensation may apply under Thailand’s Labour Protection Act.
About the author
Linh Pham
Linh Pham is the Lead for Global HR Operations at Payoneer Workforce Management (Formerly Skuad), based in Ho Chi Minh City, Vietnam. With over 10 years of HR experience in the Asia-Pacific region, she specialises in international talent acquisition, employee relations, and employment compliance. Linh leads the HR Operations team across 50+ countries, ensuring efficient onboarding, payroll management, and adherence to local laws for distributed teams.
