Thailand Holiday & Leave Entitlement Policy: A Complete Overview
Thailand has a comprehensive holiday and leave entitlement policy that covers various types of leave, including public holidays, annual leave, sick leave, maternity leave, paternity leave, personal leave, bereavement leave, business leave, education or training leave, and union leave. This policy outlines the number of holidays and leave days employees are entitled to, the eligibility criteria for each type of leave, and the employer's policies governing them.
In this overview, we will delve deeper into each type of leave entitlement to provide a comprehensive understanding of the policies surrounding them.
Public Holiday
In Thailand, there are several public holidays that are recognized and observed throughout the country. These public holidays are generally paid holidays for employees who are eligible for paid leave benefits. The number of public holidays may vary from year to year, but typically there are around 15-20 public holidays per year.
- New Year's Day
- Chinese New Year
- Makha Bucha Day
- Chakri Day
- Songkran Festival
- Labor Day
- Coronation Day
- Visakha Bucha Day
- Asahna Bucha Day
- Buddhist Lent Day
- Queen's Birthday/Mother's Day
- Chulalongkorn Day
- King's Birthday/Father's Day
- Constitution Day
- New Year's Eve
Note that some public holidays, such as Chinese New Year, may only be observed in certain regions of the country or by certain groups of people. Additionally, the dates of some holidays may vary slightly from year to year, depending on the lunar calendar.
Leave Entitlement Policy in Thailand
Types of Leave
Annual Leave
The number of annual leave days provided to employees varies depending on the length of service of the employee with the company. As per the Labor Protection Act, employees who have worked for a company for less than 1 year are entitled to at least 6 days of leave, while those who have worked for a company for 1-5 years are entitled to at least 12 days of leave. Employees who have worked for a company for more than 5 years are entitled to at least 18 days of leave.
Sick Leave
According to the Labor Protection Act of 1998, employees are entitled to a maximum of 30 days of sick leave per year, of which the first 15 days are paid leave.
Maternity Leave
Female employees are entitled to 98 days of maternity leave. This includes a minimum of 45 days off for postnatal care.
To be eligible for maternity leave, the female employee must have worked for the employer for at least 180 days before the expected date of delivery. The employer is required to pay the employee for the first 45 days of maternity leave, at a rate of not less than 50% of the employee's daily wage.
If the employee has worked for the employer for less than 90 days before the expected date of delivery, she is entitled to 45 days of unpaid maternity leave. If the employee has worked for the employer for between 90 and 180 days before the expected date of delivery, she is entitled to 45 days of paid maternity leave at a rate of not less than 50% of her daily wage.
Paternity Leave
Although there is no legal provision for paternity leave for male employees in Thailand, some employers may include it as part of their employment benefits. Male employees are allowed to take up to three days off under the Labor Protection Act of 1998 to attend the birth of their child. This leave is not explicitly referred to as paternity leave and is not mandatory for employers to pay for.
Personal Leave
While there is no specific law in Thailand that mandates personal leave for employees, some employers may provide it as part of their employment benefits. Personal leave is usually utilized for attending to family matters, managing personal affairs, or for rest and rejuvenation.
The duration of personal leave differs among companies and is typically agreed upon between the employer and employee. If an employee requires time off for personal reasons, they may be permitted to utilize their annual leave or take unpaid leave, based on the arrangement with their employer.
Nonetheless, excessive personal leave may affect an employee's performance or attendance, and in some instances, could result in disciplinary action, including termination of employment. Thus, it is advisable for employees to consult their employers and obtain their consent before taking personal leave.
Bereavement Leave
There is no specific law in Thailand that obligates employers to provide bereavement leave. If an employee experiences the loss of an immediate family member, such as a spouse, parent, or child, they may be permitted to take unpaid leave or use their annual leave, subject to the employer's policy.
Additionally, if the employee is a follower of Buddhism, they might be allowed to observe a mourning period of up to 15 days, during which they are expected to abstain from work and other activities. However, it's important to note that this period is not legally regarded as bereavement leave and may not apply to individuals of other religious beliefs.
It's also important to consider that some employers may have their own regulations concerning bereavement leave, so it's best to check with the employer to see if they offer any additional benefits.
Business Leave
Business leave is typically used for employees to attend work-related events, such as conferences, seminars, or training programs. The number of days of business leave offered by employers may vary and is usually agreed upon between the employee and employer.
Education or Training Leave
The number of education or training leave days provided to employees varies depending on the company policy. Typically, employees are granted a few days of education or training leave per year to attend workshops, seminars, or courses that are beneficial to their work.
Union Leave
The duration of union leave granted to employees may differ based on the employer's policy and the regulations of the labor union or association. Generally, employees are allowed a limited number of union leave days per year to participate in union-related events or meetings.
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