[Malaysia] Additional Lunar New Year leave for private-sector employees in KL, Putrajaya and Labuan

Private-sector employers in Kuala Lumpur, Labuan, and Putrajaya that listed the Lunar New Year as one of the company's public holidays, must provide an additional day of paid public leave to employees on February 3, 2022, Human Resources Online reports.

Those that have not listed it are only required to provide paid public leave on February 1, 2022, for Federal Territory Day.

This information was rereleased by the Ministry of Human Resources (Kementerian Sumber Manusia, or KSM) on January 30, following an earlier announcement on 28 January 2022. The first day of Lunar New Year (February 1) falls on the same day as Malaysia's Federal Territory Day (celebrated in Kuala Lumpur, Putrajaya, and Labuan).

Employers, specifically in these states, are to abide by this arrangement as it is in accordance with Section 60D (1)(b) of Malaysia's Employment Act 1955.

Those in Kelantan and Terengganu are not required to do so because:

1. The Lunar New Year is considered a one-day public holiday, and
2. Federal Territory Day is not celebrated in these areas.

In adddition, the Ministry noted that the entire discussion is not applicable to civil servants, as well as other groups of employees who are not covered under the First Schedule of the employment act (i.e those who earn RM2,000 and below).

As previously covered by Human Resources Online, Section 60D of the Employment Act notes:

• Every employee shall be entitled to a paid holiday at his ordinary rate of pay on ten gazetted public holidays in any one calendar year, four of which shall be:
• National Day;
• the Birthday of the Yang di-Pertuan Agong;
• the Birthday of the Ruler or the Yang di-Pertua Negeri, as the case may be, of the State in which the employee wholly or mainly works under his contract of service, or Federal Territory Day, if the employee wholly or mainly works in the Federal Territory; and
• Workers' Day.

If any of the ten gazetted public holidays falls on a rest day, the working day following immediately thereafter shall be a paid holiday in substitution therefor.

• (1A) The employer shall exhibit conspicuously, at the place of employment before the commencement of each calendar year, a notice specifying the remaining six gazetted public holidays in respect of which his employees shall be entitled to paid holidays:

Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the said remaining six gazetted public holidays.

• (1B) Where any of the said ten gazetted public holidays or any other day substituted therefor as provided in subsection (1) or (1A) falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this Act, or falls during the period of temporary disablement under the Workmen's Compensation Act 1952, or under the Employees Social Security Act 1969, the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefor.

Source: Human Resources Online

(Links via original reporting)

Private-sector employers in Kuala Lumpur, Labuan, and Putrajaya that listed the Lunar New Year as one of the company's public holidays, must provide an additional day of paid public leave to employees on February 3, 2022, Human Resources Online reports.

Those that have not listed it are only required to provide paid public leave on February 1, 2022, for Federal Territory Day.

This information was rereleased by the Ministry of Human Resources (Kementerian Sumber Manusia, or KSM) on January 30, following an earlier announcement on 28 January 2022. The first day of Lunar New Year (February 1) falls on the same day as Malaysia's Federal Territory Day (celebrated in Kuala Lumpur, Putrajaya, and Labuan).

Employers, specifically in these states, are to abide by this arrangement as it is in accordance with Section 60D (1)(b) of Malaysia's Employment Act 1955.

Those in Kelantan and Terengganu are not required to do so because:

1. The Lunar New Year is considered a one-day public holiday, and
2. Federal Territory Day is not celebrated in these areas.

In adddition, the Ministry noted that the entire discussion is not applicable to civil servants, as well as other groups of employees who are not covered under the First Schedule of the employment act (i.e those who earn RM2,000 and below).

As previously covered by Human Resources Online, Section 60D of the Employment Act notes:

• Every employee shall be entitled to a paid holiday at his ordinary rate of pay on ten gazetted public holidays in any one calendar year, four of which shall be:
• National Day;
• the Birthday of the Yang di-Pertuan Agong;
• the Birthday of the Ruler or the Yang di-Pertua Negeri, as the case may be, of the State in which the employee wholly or mainly works under his contract of service, or Federal Territory Day, if the employee wholly or mainly works in the Federal Territory; and
• Workers' Day.

If any of the ten gazetted public holidays falls on a rest day, the working day following immediately thereafter shall be a paid holiday in substitution therefor.

• (1A) The employer shall exhibit conspicuously, at the place of employment before the commencement of each calendar year, a notice specifying the remaining six gazetted public holidays in respect of which his employees shall be entitled to paid holidays:

Provided that by agreement between the employer and an employee any other day or days may be substituted for one or more of the said remaining six gazetted public holidays.

• (1B) Where any of the said ten gazetted public holidays or any other day substituted therefor as provided in subsection (1) or (1A) falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this Act, or falls during the period of temporary disablement under the Workmen's Compensation Act 1952, or under the Employees Social Security Act 1969, the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefor.

Source: Human Resources Online

(Links via original reporting)