Leave entitlements such as sick leave, annual leave, and days off work are governed by labor laws. However, companies and their employees often aren’t sure how many days of leave they are entitled to. Today, I’ll update you according to the 2566 Labor Protection Act and provide answers together. Annual leave, sick leave, and other leave categories will be discussed, including the quota for each type of leave according to labor laws, and how to appropriately notify the employer when taking leave.
Leave entitlements, whether for annual leave, sick leave, or personal leave, are part of the benefits provided to employees. Each organization may have different leave conditions, but there are laws governing leave entitlements. Companies must adhere to these laws.
✅ Sick Leave
– Employees are entitled to sick leave according to the actual illness, and they will receive wages equal to their regular wages for the period of leave but not exceeding 30 working days per year.
– Starting from the 31st day onwards, employees will not be entitled to receive wages. Maternity leave is not considered sick leave. If it exceeds the stipulated period, the company reserves the right to deduct wages for that day according to the organization’s regulations.
– If sick leave is for 3 days or more (counting only working days), the employer may request a medical certificate from the employee. If there is no medical certificate, the employer must be notified.
✅ Maternity Leave
– According to Section 41 of the Labor Protection Act B.E. 2541 (1998), as amended by Section 59, female employees are entitled to maternity leave for up to 98 days for one pregnancy, including counting any holidays that occur during the leave period.
– This maternity leave entitlement allows employees to take leave for prenatal care, childbirth, and postnatal recovery. Employees are entitled to receive their wages for up to 45 days from the employer during this leave period.
✅ Leave for sterilization
– Employees have the right to take leave for sterilization, and have the right to leave due to sterilization according to the current medical guidelines, and receive a certificate from the employer. Employees have the right to receive wages on that leave day.
✅ Personal Leave
Personal leave refers to the need to take time off from work to attend to urgent matters that cannot wait until a scheduled day off. This type of leave is generally more flexible depending on the organization’s policies. Examples of personal business leave include taking family members for medical appointments, contacting government agencies for tasks such as renewing identification cards or driver’s licenses, participating in religious ceremonies such as funerals or ordinations, or attending graduation ceremonies.
-Employees have the right to take personal business leave according to labor regulations, as stipulated in the Labor Protection Act of 1998, Section 34, as amended by the 7th version in 2019. This law mandates that employees are entitled to a minimum of 3 working days of personal business leave per year.
-Employers are required to pay employees their regular wages for personal business leave, equivalent to the wages earned on a regular working day, for the duration of the leave. However, the total number of personal business leave days per year must not exceed 3 working days.
As personal business leave is a fundamental right protected by labor laws, all types of employees, including probationary, daily, and other types of employees, are entitled to the same level of protection as stipulated by the minimum standards set forth by the law.
✅ Annual / Vacation Leave
– Employees who have been continuously working for one year are entitled to annual leave. They are entitled to at least 6 working days of leave per year and receive their regular salary for those days off. Typically, employees schedule their own leave days and seek approval from the company.
– If an employee has not yet completed one year of service, the company may still grant them leave, or the company may set the annual leave days to be more than 6 working days.
It should be noted that each company may have its own policies regarding annual leave, but all companies must comply with labor laws. This means that once employees have completed one year of service, they are entitled to at least 6 days of annual leave per year.
✅ Ordination Leave
– The government regulations clearly state that one can take leave for this purpose for up to 120 days. However, for employees in private companies, labor laws do not specify the number of days allowed for leave for religious ordination or monasticism. Instead, it is subject to the policies set by each company.
✅ Military Service Leave
– Employees have the right to take leave for military service when called upon by the military authorities for inspection, training, military education, or readiness testing. The duration of leave is equal to the number of days required by the military authorities, and the employee receives wages for the entire period of leave, not exceeding 60 days per year.
✅ Training Leave
– Employees have the right to take leave for training or skills development to enhance efficiency in their work as per the specific timeframe and criteria set by the relevant regulations or training programs. Employees must clearly notify their employer of the reason for leave, along with any relevant documents (if applicable), and inform the employer at least 7 days in advance. Employees are entitled to training leave according to the criteria and procedures specified in the ministerial regulations without receiving wages for the days of leave.
How to Request Leave
Employees should follow the company’s policies and procedures for requesting leave. Typically, employees need to inform their immediate supervisors or HR department in advance and fill out a leave application form if required. It’s essential to provide valid reasons for the leave and adhere to the company’s notice period requirements.
In summary, while leave entitlements may vary between organizations, it’s crucial for both employers and employees to be aware of and comply with Thai labor laws regarding annual leave, sick leave, and other types of leave.
Source : Ministry of Labour
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