Do expatriates in Thailand have the right to paid leave from day one?

No. According to the Labour Protection Act, the right to 6 days of annual paid leave is accrued after 12 months of continuous work with the same employer. However, the employer may, at their discretion, grant pro-rated leave from the first year. Check this clause in your employment contract or offer letter.

Are unused leave days in Thailand paid out at the end of the contract?

Yes, in principle. If an employee leaves the company without using their legal leave, the employer is required to compensate them for the unused days. This obligation applies whether the termination is initiated by the employee or the employer. It is advisable to explicitly mention this in the contract to avoid disputes.

Can my employer refuse my leave dates in Thailand?

Yes, partially. Thai law allows the employer to organize leave based on the needs of the business. However, they cannot indefinitely deny access to legal leave. A mutual agreement is recommended. In case of persistent disagreement, the employee can contact the Department of Labour Protection and Welfare (DLPW).

Do Thai public holidays apply to expatriates on local contracts?

Yes. All employees under Thai law contracts, expatriates or not, are entitled to the official public holidays set by the Thai government (minimum of 13 per year). Expatriates seconded from their home country may also benefit from additional holidays according to their company's policy, but this is not guaranteed by Thai law.

What is the difference between paid leave and sick leave in Thailand?

These are two distinct rights. Annual paid leave (minimum of 6 days) can be used freely based on agreement between the employee and employer. Sick leave (up to 30 days paid per year) is granted upon presentation of a medical certificate after 3 consecutive days of absence. One cannot be substituted for the other without explicit written agreement.

Paid Leave in Thailand for Expatriates 2026

In Thailand, all employees — including expatriates — are entitled to a minimum of 6 working days of paid leave per year, after completing one year of continuous service with the same employer. This right is established by the Labour Protection Act (LPA). A contract or collective agreement may provide for more favorable conditions.

What Thai Law Says About Paid Leave

The Labour Protection Act B.E. 2541 (1998), along with its subsequent amendments, forms the foundation of labor law in Thailand. It applies to all employees working on Thai territory, regardless of their nationality. Regarding paid leave, the law sets the following rules:

6 working days minimum of annual paid leave, accrued after 12 months of continuous work.
Leave can be pro-rated if the employer and employee agree to this before the end of the first year.
The employer can set the dates considering the needs of the business but must consult the employee.
Unused leave can be carried over or compensated financially if the contract allows it.

💡 Good to know

The 6-day minimum is a strict legal minimum. Most international companies operating in Thailand — especially those employing expatriates — offer between 10 and 15 days of paid leave per year, in line with the standards of their home country or their internal group policy.

Official Holidays in Thailand

In addition to annual paid leave, employees are entitled to at least 13 public holidays per year, including Thai New Year (Songkran) and King’s Day. The employer selects these days from the official list published annually by the government. The employee must be informed in advance.

If an employee is required to work on a public holiday, they are entitled to a salary increase (typically 300% of the daily wage for non-executive positions).

Special Cases for Expatriates

Expatriates with a Thai local contract are fully subject to the LPA. Those seconded by their home company (for example, from France, Belgium, Canada, or Morocco) may benefit from additional conditions outlined in their expatriation contract, such as:

“Home leave” of one to two weeks per year.
Alignment with public holidays of the home country for multinational subsidiaries.
Additional leave negotiated upon starting the position.

⚠️ Attention

In Thailand, paid leave is distinct from sick leave. The law separately provides for up to 30 days of paid sick leave per year (upon presentation of a medical certificate after 3 consecutive days). Do not confuse these two rights when reviewing your contract.

What to Do in Case of a Dispute Over Your Leave?

If your employer refuses to grant you your legal leave or does not compensate you correctly on public holidays, several recourses are available:

Contact the Department of Labour Protection and Welfare (DLPW), the relevant government agency.
Reach out to your embassy or consulate for a list of lawyers specializing in Thai labor law.
Consult a local partner lawyer to quickly assess your rights.

For more information on the entire applicable legal framework, check our comprehensive guide: Labour Law in Thailand 2026.

⚠️ Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Laws and regulations vary by country and are subject to change. Consult a qualified professional for your specific situation.

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