There are no specific statutory provisions under Thai labor law requiring employers to implement mental health policies or programs. However, employers are generally required under the Occupational Safety, Health and Environment Act B.E. 2554 (C.E. 2011) (the "OSHA") to provide a safe and hygienic working environment and to prevent harm to employees' life, physical condition, mentality and health.

There is no statutory provision specifically providing for leave due to a mental health condition. 

Generally speaking, under Thai labor law, employees are entitled to take sick leave for as long as they are genuinely unable to work due to illness, whether physical or mental, subject to the statutory entitlement to paid sick leave of up to 30 working days per calendar year. An employer may require the employee to produce a medical certificate only where the sick leave lasts for three or more consecutive working days. If the employee is unable to provide a medical certificate, the employee must explain the reason to the employer.

There are also no specific regulations defining what constitutes a "sickness" for sick leave purposes. In practice, depression and other mental health conditions may be regarded as illnesses where they are diagnosed by a licensed physician and affect an employee's ability to perform their duties in a manner comparable to a physical illness. Accordingly, a medical certificate confirming the diagnosis and specifying the period during which the employee requires treatment or rest would generally be regarded as strong supporting evidence for the employee's entitlement to sick leave.

Thai law does not generally impose a duty on employers to provide reasonable accommodation for employees with illnesses, although company policies or contractual arrangements may voluntarily provide additional benefits. That said, courts will often consider the overall circumstances of the employment relationship when resolving disputes arising from an employee's medical condition.

There is no express statutory right permitting an employer to require an employee to leave the workplace solely because the employer suspects a mental health condition. However, where there are legitimate safety concerns or the employee appears unfit to perform his/her duties, particularly in roles that require full fitness and presence of mind at all times, the employer may take reasonable and proportionate measures pending medical assessment.

However, any such action must be proportionate and non-discriminatory. It is therefore advisable for employers to have clear objective policies and procedures (for example, for garden leave or medical or psychiatric examination) in place to manage and govern these situations.

An employer may request, but generally cannot compel, an employee to undergo a medical examination unless such requirement is supported by law, contractual provisions, workplace rules or policies, or is justified by the nature of the employee's duties, especially in a manner that is reasonable, proportionate and not overly intrusive.

Employees who are insured members of the Social Security Fund are entitled to medical benefits, which include treatment for mental health conditions at designated hospitals under the Social Security Fund. Treatment is provided at no cost to the insured employee at the registered hospital, subject to the applicable terms and conditions and coverage under the Social Security Fund.

Additional coverage may be provided under private or employer-sponsored insurance.  The extent of any mental health coverage will depend on the applicable policy terms and conditions.

Social Security medical coverage does not distinguish between physical and mental illnesses, provided the treatment falls within the benefits available under the insured person's registered hospital.

Coverage under the Workmen's Compensation Act B.E. 2537 (C.E. 1994) is limited to work-related injuries and occupational illnesses. Mental health conditions would only be covered if directly and causally attributable to the employee's work, a threshold that is difficult to meet in practice and subject to the discretion of the Workmen's Compensation Fund Office. Where accepted as work-related, the employee may be entitled to medical expenses, compensation for incapacity or loss of earning capacity, and other benefits under the Act, subject to the prescribed conditions. 

Post-traumatic stress disorder (PTSD) has been included as an occupational disease under the Ministry of Labour Notification Re: Prescribing the Types of Diseases Arising from the Nature or Conditions of Work or Due to Work, B.E. 2566 (C.E. 2023). Consequently, employees diagnosed with PTSD may be eligible for legal protection and compensation benefits under the applicable workers' compensation regime. 

Medical expenses: Reimbursed based on actual and necessary medical expenses, subject to the rates and limits prescribed by law.

Compensation for loss of earnings: Where the employee is required to cease work and undergo medical treatment in accordance with a physician's instructions, the employee is generally entitled to compensation of 70% of their monthly wages subject to the overall limit caps prescribed under the Workmen's Compensation Act. This entitlement is separate from, and does not affect, the employee's statutory sick leave rights under the Labor Protection Act.

Mental illness may be recognized as a disability under the Persons with Disabilities Empowerment and Development Act B.E. 2550 (C.E. 2007), subject to the prescribed criteria. Generally, persons who qualify as persons with disabilities may access the rights and benefits available under the Act, regardless of whether they are employees, subject to the applicable eligibility and registration requirements.   Employees may also receive disability benefits under Social Security Act if the mental condition qualifies as permanent disability and is certified by medical authorities.

An employer may terminate an employee who is unable to return to work or who has a mental health condition which negatively affects carrying out the necessary work, provided that the termination is based on a legitimate and non-discriminatory reason and complies with the applicable requirements under Thai labor law:

(i) Persistent incapacity to perform duties may constitute a legitimate basis for termination. However, the employer remains exposed to “unfair termination” claims if the underlying factual circumstances do not reasonably justify the dismissal (as subjectively determined by a Thai Labor Court, trier of fact in case of any such claims). In any case, the employer must follow lawful termination procedures and pay statutory and contractual payments including any applicable severance pay and other statutory or contractual payments for terminations carried out without narrowly defined “legal cause” (such as dishonesty or intentionally committing a criminal offense against the employer, intentionally causing financial or material damage to the employers, gross negligence causing serious damage to the employer, etc.);   

(ii) For other reasons:

The employer should be able to demonstrate the legitimate factual basis and reasons for the termination (such as inability to carry out the necessary work duties, etc.) and applied consistently without discrimination.

Legal Risk: Notwithstanding payment of severance pay and other payments and advance notices legally required in case of termination of an employee without legally defined “legal cause”, there always remains a risk of “unfair termination” allegation and suit filed in Thai Labor Court seeking additional payment, if the termination if solely linked to mental health condition. Also, where the employee qualifies as a person with a disability, claims of discrimination or unjust treatment on the ground of such disability are also possible.

Employers must keep employee medical information (which would include mental health information) confidential and comply with the Personal Data Protection Act (PDPA) and collect/use/disclose health data which is legally categorized as “sensitive personal data” with heightened protection with lawful basis or with lawful specific informed consent of the employee (data subject) under strict requirements of the PDPA.

No, Thai law does not expressly mandate “reasonable accommodation” in general employment specifically for employees with mental health conditions. However, under disability-related laws, some accommodation may be expected in practice, as employers often provide reasonable adjustments (e.g., reasonable flexible work conditions) to mitigate legal risk claims, but this is not specifically mandatory.

For employees who qualify as persons with disabilities under applicable disability legislation, certain physical accommodations may be expected to facilitate equal access to employment opportunities.

Mental health conditions are not expressly protected as a standalone protected characteristic under general Thai labor legislation. However, where the condition qualifies as a disability under the Persons with Disabilities Empowerment and Development Act, discriminatory treatment may give rise to claims under disability-related protections. In addition, adverse employment action based solely on an employee's medical condition may increase the risk of “unfair termination” claims.