Sick days

[Emzz21]

Hello,

I have been working at a school for 9 months now. On my contract they have stated I am allowed 15 days paid sick days ( I have taken 10) only I recently asked what If I catch covid will they pay for my salary while I am sick as It says online that in Thailand you are allowed 30 days paid sick days by law. They said no,  that law is not for foreigners only Thai's, however they do not pay the thai teachers either while they are sick with covid. They said that if I want to get paid id have to talk to social security to get paid. However I read that that is only when you have used up you 30 days sick pay.

The school has also said that we do not need Social Security cards anymore as everything can be done by showing your passport.

I hope you can help me !

[Guest Isaanlife]

Sounds like an issue to sort out with your employer.

[richard_smith237]

You are working in Thailand, Thai Labour law applies to both foreigners and Thai’s equally. 

 

Your employer is lying. 

If you have less than the government mandated ‘sick days’ written into your contract it is not a valid part of a contract and can be contested.

 

Of course - this is Thailand contest the contract and see yourself without a job. So its a take it or leave it kind of deal. 

 

If you feel strongly enough about it, bring it up more firmly with your employer informing them that you the contact is not valid. But, make sure you have a backup plan such as another better job to walk into. 

[digbeth]

social security cards no longer issued is true, employers will get  a printed slip of paper confirming the employee and registered 'local' hospital

there's a social security app/website you can use to check your status 

[tomazbodner]

I can't help much about laws on leave etc. But, there's a social security app for the phone, where you can enter your social security number and password. You can get registered on SSO website, but you'll need to know your social security number first. You can then use that app to show all your contributions, etc. I just used that app to get Pfizer booster shot organised by SSO - looked at the app and were happy with it. I'm told it's the same with public hospitals although I've never tried. It's still possible to get a paper card as your local social security office, just not automatically issued like before. Thais can just show their ID card. Showing my passport didn't work in the same way as they could not find it in their system, so I had to find the SSO number first (that was for another matter at Social security office).

[tomazbodner]

2 hours ago, richard_smith237 said:

You are working in Thailand, Thai Labour law applies to both foreigners and Thai’s equally. 

 

Your employer is lying. 

If you have less than the government mandated ‘sick days’ written into your contract it is not a valid part of a contract and can be contested.

 

Of course - this is Thailand contest the contract and see yourself without a job. So its a take it or leave it kind of deal. 

 

If you feel strongly enough about it, bring it up more firmly with your employer informing them that you the contact is not valid. But, make sure you have a backup plan such as another better job to walk into. 

Likely true. But I also noticed that most people have negative ATK after just 2-3 days of contracting Omicron, so 30 days paid leave is hardly justified.

[FritsSikkink]

It is max 30 days paid sick leave unless you work in agriculture where it is 15 days.  Labour_Protection_Act_BE2541.pdf Your contract can say what they want but can't contest the law, therefore that part of the contract is invalid.

[Stimo]

20 hours ago, digbeth said:

social security cards no longer issued is true, employers will get  a printed slip of paper confirming the employee and registered 'local' hospital

there's a social security app/website you can use to check your status 

I got a Social Security card from my employer this year. 

 

[John Bird]

Seems like your planning to take an awful lot if sick days. I'd already have fired you. 

[RichardColeman]

13 minutes ago, John Bird said:

Seems like your planning to take an awful lot if sick days. I'd already have fired you. 

Might agree with you averaging 1 week off every 4 months !

[DavisH]

On 2/24/2022 at 8:15 PM, John Bird said:

Seems like your planning to take an awful lot if sick days. I'd already have fired you. 

10 days is a lot for 9 months on the job. Im lucky to take 1-2 a year, and usually none. As for 30 days sick leave, that applied to government workers (so not sure if/how it applies to teachers in government schools. I assume it would, but not sure. 

My wife also gets 30 days a year. I dont know the last time she took a day off. Using all ones 30 days sick time can cut in to salary raises/bonuses for Thai government workers. So they generally don't abuse that. 

[Callmeishmael]

30 days paid sick leave is stipulated in Thai Labor law.  However, if you do take anything close to that amount you can expect the have a very bad annual review and will probably not get renewed for the following year (if you don't just get fired mid-term!).

 

There are, however, two exemptions to that law:  1) Agricultural workers as mentioned above and 2) Teachers employed by private schools, who terms of employment are covered by the Private School Act. 

 

Now, according to the Private School Act, the terms of employment for teachers at private schools should not be inferior to those at government schools, but in practice they often are.  Teachers who were fired for things like excessive absence have tried to sue their employers with mixed results. 

 

Section 86 is the one that specifies that Private School employees are not covered by the Labor Law.

 

Private School Act 2554

[Emzz21]

Thank you for the replies, Let me clear the misunderstandings up. I do not want to use all of my 30 days sick leave I just want what I am legally entitled too and to be paid if anything bad does happen in the future, they know that I am not going to take 30 days off  or use them all. In my school I was told that I am entitled to one week off if I work the full year (which I always do work the contracts), the sick days I have taken are ten days because I had an emergency back in my home country . I do not have any paid time off unless I either use my sick pay or personal leave, we do not get any school holidays we work straight through and we have just the songkran days paid and the national holiday days. 

[Emzz21]

@Callmeishmael Thank you for this helpful advice I very much appreciate it . I pay social security and I also work at a private school . That means I am not entitled to it even though I pay social security monthly? Thank you 

[Iamfalang]

I think when I worked I took 1 sick day in 3 years.   Took 10?  Wow, everyone must love the extra work. Shocked you still have a job.   Just do what some falang teachers do….show up late, play YouTube, leave early and take roll for 30 minutes.   

[Callmeishmael]

Private schools can choose to join social security or can opt out and give their teachers some other kind of Health Insurance.  If you are paying for social security you can use it at a Government Hospital to cover any health problems.

 

Days off and social security are separate issues.

[Emzz21]

@Iamfalang I know its so shocking I used those 10 sick days to go to a family members funeral. Also to be promoted to head of department the last couple of months I must be doing a terrible job. I appreciate the comments but I just needed advice on this subject as I felt a little lost . Please do not judge my work ethic when you do not know me or the reasons that surround those taken days. 

Thank you for the advice everyone.

[hereforgood]

On 2/23/2022 at 8:01 PM, Emzz21 said:

The school has also said that we do not need Social Security cards anymore as everything can be done by showing your passport.

This is what was told to me at the SS office in Rayong. My card expired 9 years ago. But i am still in the system so no issue

[DavisH]

1 hour ago, Emzz21 said:

@Iamfalang I know its so shocking I used those 10 sick days to go to a family members funeral. Also to be promoted to head of department the last couple of months I must be doing a terrible job. I appreciate the comments but I just needed advice on this subject as I felt a little lost . Please do not judge my work ethic when you do not know me or the reasons that surround those taken days. 

Thank you for the advice everyone.

Thy would be considered "personal days" in my school and would not eat into sick days. We only get 6 sick days a year (Private school, and seem to be able to set their own rules), but can easly be extended if one ended up in hospital. 

[CrunchWrapSupreme]

Most schools don't bother with it as they expect a revolving door of backpacker, working holiday types. But if you like the school, expect a contract extension, and plan on being there awhile, then you really should ask.

[PJ71]

On 2/23/2022 at 8:31 PM, richard_smith237 said:

You are working in Thailand, Thai Labour law applies to both foreigners and Thai’s equally. 

 

Your employer is lying. 

If you have less than the government mandated ‘sick days’ written into your contract it is not a valid part of a contract and can be contested.

 

Of course - this is Thailand contest the contract and see yourself without a job. So its a take it or leave it kind of deal. 

 

If you feel strongly enough about it, bring it up more firmly with your employer informing them that you the contact is not valid. But, make sure you have a backup plan such as another better job to walk into. 

You know this as fact or this is just what you think?

[youreavinalaff]

5 hours ago, PJ71 said:

You know this as fact or this is just what you think?

It's a fact.

[youreavinalaff]

6 hours ago, CrunchWrapSupreme said:

Most schools don't bother with it as they expect a revolving door of backpacker, working holiday types. But if you like the school, expect a contract extension, and plan on being there awhile, then you really should ask.

You really are living in the dark ages. The idea of backpackers making up most of the teaching population went out with the introduction of the licence waivers.

 

If you happen to be teaching at a government school and don't have dorsal security, your school is breaking labour laws. 

[DavisH]

7 hours ago, youreavinalaff said:

You really are living in the dark ages. The idea of backpackers making up most of the teaching population went out with the introduction of the licence waivers.

 

If you happen to be teaching at a government school and don't have dorsal security, your school is breaking labour laws. 

Indeed, I haven't seen a  backpacker type teacher for years. They were very common back in the early 2000 to about 2010. They have mostly been replaced with non-native speakers since that time. There are still traces of western teachers here, but most I know have the full teaching licence now (in my school, anyway). 

[FritsSikkink]

On 3/9/2022 at 7:44 PM, Iamfalang said:

 Just do what some falang teachers do….show up late, play YouTube, leave early and take roll for 30 minutes.   

Sure, great solution to undermine the kids education. Let them find another job. 

[akaika]

A lot of people are quoting Thai Labor Protection Act which actually does not apply to most schools.  If the school is technically licensed as a school, not a business, then the law that applies is called the Labor Protection Act for Principles and Teachers (referred to as TLL for 'teacher's labor law' henceforth).  The TLL has some interesting things that are worth investigating.  30 days of paid sick leave is included in the Labor Protection Act but not in the TLL.  The rules about working during lunch, being assigned extra work periods and rules about working while the school is not in session are also included.

As for the question relating to covid specifically, All schools since May of 2020 were required to complete a 44 item covid action plan in order to reopen.  This plan included details about how the school would respond in the event they had staff, teaching or support that got covid specifically requiring them to establish policies for pay.  Mainly this was for government schools to create contingency accounting plans that usually do not have foreigners working unless through an agency.  So here is what can be said...

If a school employee (teacher or support) has social security it is legal for the school to reduce pay 50% and the employee can obtain the other 50% from their social security.  One thing is that the social security can make a determination if they will pay or not for this claim.  In other words, no guarantee and it is very likely that they might deny a claim if the school/employee has not exhausted the paid sick leave for that employee.  But this is not likely to remain as a policy because the reason was that this means all other sick leave afterwards would be without pay and there is no chance for social security to pay more after the covid situation.  

It is also possible for a school to obtain on behalf of the employee or require the employee to obtain covid insurance that will pay 100,000 baht in the event of getting covid and having lost wages.  This was initially inexpensive around 5000 baht for this type of policy.

In another thread, many people were also commenting about sick leave in general.  It seems clear the community is not well informed of the actual policies even in the more general Labor Protection Act.  Even thought this law is translated and the many addendums are too, it is frequently misread, misrepresented.  Even by law firms.  

[PoodThaiMaiDai]

On 2/24/2022 at 8:15 PM, John Bird said:

Seems like your planning to take an awful lot if sick days. I'd already have fired you. 

I agree.

 

I worked for 38 years and only called in sick 3 times, despite earning 11-12 sick days a year.

 

Each time I was in the hospital or bed ridden.

 

I counseled and warned an employee once who was calling in sick on my day off (Mondays) and no one ever told me about it.

 

Once I discovered it, I proved he called in sick 24 times over a 2 year period but always in conjunction with his normal days off.

 

When I confronted him on it he told me it was his compensation time and he could do what he wants with it. 

 

I informed him Sick days are for sick days not for extended weekends.

 

I could not fire him due to union rules but he soon transferred to avoid me.