Labour Department: Private Sector In Federal Territories MUST Give Extra Day Of Paid Leave For CNY

This is due to the overlap of the Federal Territory Day with the first day of Chinese New Year holiday.

The Malaysian Department of Labour (JTK) has told private sector employers in the Federal Territories of Kuala Lumpur, Putrajaya and Labuan to give an additional day of paid public holiday on 3 February to their employees. This is because 1 February has an overlap between the first day of Chinese New Year and the Federal Territory day, both of which are public holidays.

As reported by national news agency Bernama, JTK Peninsular Malaysia asserted that the additional paid public holiday is subject to Section 600 (1) (b) (ii) of the Employment Act 1955 (Act 265). According to Act 265, if any public holidays specified in paragraphs (a) and (b) fall on any of the public holidays in paragraphs (a) and (b) of the Act, the following working day after the public holiday shall be deemed to be a paid public holiday in lieu of the first public holiday.

According to JTK, Federal Territory Day is a paid public holiday that must be honoured by employers whose place of employment is located in the Federal Territory as provided under section 60D (1) (a) (ii) of Act 265.

For illustration purposes.

JTK further clarified in a statement,

“However, for employers who do not list Chinese New Year as a public holiday, employers only need to provide a paid public holiday for Federal Territory Day only,”

Therefore, for employers that have listed Chinese New Year as a public holiday under 60D (1) (a) of Act 265, an extra day of paid leave must be given to employees.

Also read: PDRM: Over 50,000 Vehicles Will Enter Penang DAILY During CNY Holidays