What Types of Leave Are Employees Entitled to During the Probation Period?

Many people believe that during the probation period, employees are not entitled to any rights. In reality, under Thai labor law, probationary employees are considered “employees” from their very first day of work and are therefore entitled to legal rights and protections just like regular employees.

 

What is Probation?

Probation is the period during which a company evaluates a new employee’s performance, responsibility, and suitability for the role. This period typically lasts around 90–119 days.

Even though the employee has not yet officially passed probation, under the law they are considered an employee from the very first day of work.

 

Leave Entitlements for Probationary Employees (Probation)

 

  • Sick Leave: Employees may take leave for actual illness and are entitled to paid sick leave for up to 30 working days per year
    Note: If sick leave lasts for 3 working days or more, the employer may request a medical certificate
  • Personal Business Leave: Employees may take leave for necessary personal matters (subject to company policy) with pay
  • Sterilization Leave: Employees are entitled to leave for the period certified by a doctor for sterilization procedures
  • Military Service Leave: Employees may take leave for military inspection, training, or readiness testing while receiving normal pay
  • Training Leave: Employees may take leave for training purposes according to the criteria set by ministerial regulations
  • 120-Day Maternity Leave: Under the new Labour Protection Act (effective December 2025), pregnant employees are entitled to up to 120 days of maternity leave, with employers required to pay wages for up to 60 days
    Note: Leave days include weekly holidays, public holidays, and prenatal medical appointment leave
  • Child Care Leave for a Sick Child: After maternity leave, employees may take an additional 15 days of leave to care for a sick child (with 50% wage payment)
  • Paternity Leave (for spouses/fathers): Employees may take up to 15 days of leave to care for the mother and newborn child with pay
  • Annual Leave / Vacation Leave: Subject to company policy

 

Therefore, before starting a new job, employees should carefully read the employment contract and company regulations to fully understand their rights and work with greater confidence and peace of mind.

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HR Support Specialist
“Aon” is an HR consultant who coordinates and support the Support team as well as helping in developing the EzyHR system to meet the customer needs and work more in line of the system usage. She is an easy going, spiritual person who loves traveling and follows food reviews. A foodie by heart.