Paid Leave (Sick Or Annual) During Probation Period In Thailand

[jp1105]

I would like to know if employees can take paid sick leave or annual leave during their probation period as per Thai Labour Law. If yes what is the limit during the probation period. As far as I know in other countries during your probation period you are not entitled to any paid leave annual or sick, so I would like to know how does it work here. I would appreciate if someone can help me with this question pretty urgently.

Thanks.

[Spoonman]

Been quite a few years since I was on probation but from memory sick leave was allowed but not annual/personal leave, sorry I can't be more specific.

[TerryLH]

Why not ask your employer what they will allow?

As Spoonman said, annual leave is probably going to be a no go.

If you have a legit reason for sick leave, and you have a good relationship with your employer, you might be okay for a couple of days.

If still on probation, you won't have earned much of any type of leave.

[Scott]

I am not sure about the actual wording of the law, but where I work, people are not allowed either. Of course, it does happen--illness, family emergencies etc., but the leave time is without pay.

[Maestro]

Sections 32 and 57 of the Labour Protection Act B.E. 2541 (1998) seem to apply and neither makes reference to the probation period or the length of the employment.

Section 32

An employee is entitled to sick leave on those days that he is actually ill. If sick leave is taken for three or more working days, the employer may require that the employee acquire a medical certificate from a first class medical practitioner or from a government clinic. If the employee fails to acquire a medical certificate from a first class medical practitioner or from a government clinic, the employee shall provide the employer with an explanation.

Where a physician has been provided by the employer, the physician shall issue the medical certificate, except where the employee is unable to be examined by that physician.

Days upon which an employee is unable to work owing to work related injury or illness or maternity leave as provided for in Section 41 shall not be deemed sick leave for the purposes of this Section.

...

Section 57

An employer shall pay an employee his basic pay in respect of a day of sick leave referred to in Section 32 at a rate equal to the basic pay for a normal working day for the entire time taken as sick leave for up to 30 working days per annum.

Where the employee takes leave for the purposes of sterilization referred to in Section 33, the employer shall make payment of the basic pay to the employee in respect of the leave so taken.

[beano2274]

In my company only sick leave or emergency leave is allowed, and sick leave must be accompanied by a letter confirming it.

[Zen]

Labour law states that if the employee takes sick leave for 3 days, the company can request for a medical certificate.

But why is that some companies can actually demand for medical certificate even if the employee ( who already passed probation) is on sick leave for only 1 day? If the employee has no medical certificate, the company can deduct his salary.

Is this against the labour law?

[Soutpeel]

I dont believe the labour law even recognises probationary periods, therefore the sections quoted above would apply