Thailand’s sick leave law provides employees with up to 30 days of paid sick leave per year under the Labour Protection Act (LPA). The employer pays full wages during this period, and there is no state sickness benefit for ordinary illness. The Social Security Act provides additional benefits through the Social Security Fund (SSF) for employees enrolled in Section 33.
Key Takeaways
- Employees are entitled to 30 days of paid sick leave per year at full wages
- The employer pays 100% of wages during the statutory sick leave period
- A medical certificate is required from the 3rd consecutive day of absence
- The SSF provides additional sickness benefits for Section 33 contributors
- Sick leave cannot be carried over to the next year
Thailand’s Sick Leave Entitlement
Thailand’s sick leave system is governed by the Labour Protection Act B.E. 2541 (1998), Section 32. Every employee in the kingdom is entitled to sick leave for as many days as necessary, but paid sick leave is limited to 30 days per calendar year.
The entitlement is the same regardless of length of service — an employee is eligible from their first day of employment. The 30-day limit applies per calendar year, not per illness.
For employees enrolled in the Social Security Fund under Section 33, additional benefits may be available through the SSF after the employer’s 30-day obligation is exhausted.
Who Pays for Sick Leave?
| Period | Pay Rate | Who Pays |
|---|---|---|
| Days 1–30 (per year) | 100% of wages | Employer |
| Days 31+ (Section 33 SSF) | 50% of wages for up to 90 days | Social Security Fund |
Sick Leave Pay Rates
| Period | Pay Rate | Source |
|---|---|---|
| Employer period (days 1–30) | 100% of wages | Labour Protection Act Section 32 |
| SSF benefit (days 31–120) | 50% of wages (max THB 15,000/month) | Social Security Act Section 40 |
| Maximum SSF benefit | 90 days per year | Social Security Act |
The SSF sickness benefit is calculated at 50% of the employee’s wages, capped at THB 15,000 per month. The benefit can last for up to 90 days per year, but this is separate from the employer’s 30-day obligation.
Medical Certificate Requirements
Thailand requires a medical certificate from the third consecutive day of illness. For the first 2 days, the employee may self-certify.
The medical certificate must be issued by a licensed medical practitioner and specify:
- The date of examination
- The expected duration of the absence
- The diagnosis (optional but recommended)
Employers may accept a doctor’s note from government hospitals, private clinics, or Thai-registered medical practitioners.
How to Calculate Sick Pay in Thailand
Example: An employee earning THB 35,000/month is off sick for 40 calendar days.
- Employer period (days 1–30): THB 35,000
- SSF benefit (days 31–40): 10 days
- Daily SSF benefit: THB 35,000 × 0.50 ÷ 30 = THB 583/day
- SSF payment: THB 583 × 10 = THB 5,830 (capped at THB 15,000/month)
Total paid to employee: THB 35,000 (employer) + THB 5,830 (SSF) = THB 40,830
The 30-Day Calendar Year Rule
The 30-day entitlement is measured per calendar year, not per illness:
- An employee who takes 20 days for one illness has 10 days remaining for any subsequent illness in the same year
- If the employee falls ill again in January of the next year, the 30-day entitlement resets
- Unused days do not carry over
Employer Obligations and Penalties
Thai employers must:
- Pay full wages for up to 30 days of sick leave per year
- Record all sick leave taken by each employee
- Provide payslips showing sick leave details
- Maintain records for at least 2 years
- Register employees with the SSF (Section 33) if applicable
Non-compliance can result in fines from the Ministry of Labour (กรมแรงงาน) and potential labour court proceedings.
Comparison With Other Countries
| Country | Sick Days | Pay | Certificate Required |
|---|---|---|---|
| Thailand | 30 days employer + 90 days SSF | 100% / 50% | Day 3 |
| UK | 28 weeks SSP | £116.75/week | Day 7 |
| Australia | 10 days personal/carer’s leave | Full rate | 2+ consecutive days |
| US | Varies by state | Varies | Employer policy |
FAQ
Does the 30-day limit apply per illness or per year?
The 30-day paid sick leave limit applies per calendar year, not per illness. If an employee uses 20 days for one illness and falls ill again in the same year, only 10 days of paid leave remain. Unused days do not carry over to the next year.
Can the employer require a medical certificate from day 1?
The Labour Protection Act does not require a medical certificate for the first 2 days of sick leave. A certificate is required from the third consecutive day. However, some employers require a certificate from day 1 as a company policy — this is permissible as long as it does not unreasonably deny legitimate sick leave.
What happens after the 30-day employer period?
After 30 days, the employer has no further statutory obligation to pay wages for sick leave. However, employees enrolled in the SSF under Section 33 may receive sickness benefits at 50% of wages for up to 90 additional days. The employee must apply to the SSF directly.
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