Thailand’s sick leave rule is unusually clean: an employee may take as many sick days as they are actually sick, and the employer must pay for up to 30 working days a year. There is no accrual, no waiting period, and no qualifying service requirement — the entitlement exists from day one of employment.

Where it gets more interesting is the interaction with the Social Security Office, the narrow certificate rule, and what happens once the 30 paid days are used.

Key takeaways

  • Section 32 of the Labour Protection Act B.E. 2541 (1998) allows an employee to take sick leave for as long as they are genuinely sick.
  • Section 57 requires the employer to pay wages for sick leave of up to 30 working days per year.
  • A medical certificate can only be required for absences of 3 working days or more.
  • Sick leave beyond 30 working days is unpaid by the employer, but the employee may claim sickness benefit from the Social Security Office (SSO).
  • Leave for a work-related injury or illness is not sick leave — it falls under the Workmen’s Compensation Fund.

The 30 paid working days

The Labour Protection Act separates the right to be absent from the right to be paid. Section 32 gives an unlimited right to take sick leave for actual illness. Section 57 caps the employer’s pay obligation at 30 working days in a year.

Pay during those 30 days is at the employee’s normal wage rate for a working day. The days counted are working days, so weekends and public holidays falling within an absence do not draw down the allowance.

The entitlement does not accrue and does not carry over. It refreshes each year, and unused days have no value on termination.

The three-day certificate rule

This is the point most foreign employers get wrong. Under section 32, an employer may require a certificate from a first-class modern medical practitioner or an official medical establishment only where the sick leave is three working days or more.

For absences of one or two working days, no certificate can be required. A blanket policy demanding a doctor’s note for any absence exceeds the Act and cannot be used to refuse payment.

Where the employee cannot obtain a certificate, section 32 expressly allows them to explain the reason to the employer instead. That safety valve exists for genuine cases and cannot be read out of the Act by internal policy.

Sick leave is not annual leave

Section 32 is explicit that sick leave and annual leave are separate. An employer cannot require an employee to use annual leave for illness, and cannot offset sick days against the holiday entitlement.

The Act also states that a day on which an employee takes leave under the maternity provisions is not sick leave — the two entitlements are kept distinct even where the underlying reason is medical.

Social Security Office sickness benefit

Employees insured under the Social Security Act can claim sickness benefit from the SSO where they have made the required contributions — generally at least 3 months of contributions within the 15 months before treatment.

The benefit provides:

  • Free or subsidised medical treatment at the employee’s registered hospital
  • Cash compensation of 50% of wages (subject to the SSO wage ceiling) for days of certified incapacity that are not paid by the employer
  • Payment for up to 90 days per absence and 180 days per year, extended to 365 days for chronic conditions

Because the SSO benefit covers unpaid days, it becomes relevant only once the employer’s 30 paid working days are exhausted, or where the employee is on unpaid leave for another reason. Employers frequently fail to tell employees this benefit exists, leaving long-term sick staff with no income at all.

Injury or illness arising from work is not sick leave. It falls under the Workmen’s Compensation Act and is covered by the Workmen’s Compensation Fund, funded entirely by employer contributions.

That regime provides:

  • 60% of monthly wages during incapacity, within statutory floors and ceilings
  • Payment for up to one year of temporary incapacity
  • Medical expenses, rehabilitation, and permanent disability compensation

Employers must report work-related injuries to the Social Security Office within the statutory deadline. Charging a work injury against the 30-day sick leave entitlement takes paid days from the employee that the Fund should be covering.

After the 30 days

Once the paid entitlement is used, the employee may continue to take sick leave — the right under section 32 is not capped — but the employer does not have to pay for it. Long-term absence is then a performance and capability question rather than a leave question.

Thai law does not provide a specific job-protection period for long-term illness. Termination remains possible on the ordinary grounds, but an employee dismissed while genuinely sick and without proper cause can claim severance pay and compensation for unfair termination under the Labour Protection Act and the Labour Court’s unfair dismissal jurisdiction. Employers should document the capability process rather than relying on absence length alone.

Employer obligations

Thai employers have six core duties:

  1. Allow sick leave for the actual duration of illness, without an arbitrary day cap on the absence itself.
  2. Pay wages for up to 30 working days of sick leave per year at the normal rate.
  3. Only require a medical certificate for absences of 3 working days or more, and accept an explanation where one cannot be obtained.
  4. Keep sick leave separate from annual leave and never force employees to substitute one for the other.
  5. Report work-related injury to the SSO and route it through the Workmen’s Compensation Fund.
  6. Tell employees about SSO sickness benefit once employer-paid days are exhausted.

Common pitfalls

1. Requiring a certificate for a one-day absence

The statutory trigger is three working days. A day-one certificate policy is unenforceable and cannot justify withholding pay.

2. Treating 30 days as a cap on absence

It is a cap on paid days. The right to be absent while genuinely sick is not limited, and refusing leave beyond 30 days risks an unfair termination finding.

3. Counting calendar days

The 30 days are working days. Counting weekends and public holidays inside an absence eats the entitlement roughly 40% faster than the Act allows.

4. Charging work injuries to sick leave

Work-related injury is covered by the Workmen’s Compensation Fund at 60% of wages. Using the sick leave allowance takes paid days the employee is entitled to keep.

5. Forcing annual leave for illness

Section 32 keeps the entitlements separate. Substituting annual leave for sick leave is a clear breach and one that is easy for an inspector to establish.

For more Thai context, see our guide to annual leave entitlement in Thailand, the overview of the main types of leave employers manage, and our guide to absence management.

Frequently asked questions

How many sick days do Thai employees get?

An employee may take sick leave for as long as they are genuinely ill. The employer must pay wages for up to 30 working days per year; beyond that the leave is unpaid by the employer.

When can an employer ask for a medical certificate?

Only where the sick leave is three working days or more. If the employee cannot obtain a certificate, they may explain the reason to the employer instead.

Is sick leave paid from the first day?

Yes. There is no waiting period and no minimum service requirement — the entitlement applies from the start of employment.

What happens after 30 paid days?

The employee can still take sick leave, but unpaid by the employer. They may claim Social Security Office sickness benefit at 50% of wages, subject to contribution conditions and the wage ceiling.

Are work injuries covered by sick leave?

No. Work-related injury and illness are covered by the Workmen’s Compensation Fund at 60% of monthly wages, and must not be charged against the 30-day sick leave entitlement.

Can an employer make an employee take annual leave when sick?

No. The Labour Protection Act treats sick leave and annual leave as separate entitlements.

Putting it into practice

Five checks cover most Thai sick leave risk:

  1. Configure the 30-day allowance in working days, excluding weekends and public holidays inside an absence.
  2. Set the certificate requirement to trigger only at three working days or more.
  3. Create a separate absence type for work-related injury that routes to the Compensation Fund and does not draw down sick leave.
  4. Track when an employee is approaching 30 paid days so SSO benefit can be raised with them in time.
  5. Block any process that converts sick leave into annual leave.
You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that counts sick leave in working days, applies the three-day certificate threshold automatically, and separates work injury from ordinary illness keeps Thailand’s simple statutory rules simple in practice too.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. SSO wage ceilings and benefit rates are revised periodically — confirm current figures with the Social Security Office.