Legal Alert

Welcome to the thrilling tale of the Lunar New Year, where the Year of the Dragon is set to unleash a frenzy of festivities, prosperity, luck, and a dash of the extraordinary!

In 2024, Chor 1 (Day 1) and Chor 2 (Day 2) of the Lunar New Year or more commonly referred to as Chinese New Year, fall on Saturday (10^th February 2024) and Sunday (11^st February 2024) respectively. Save for our fellow friends living in the states of Kedah, Kelantan, Terengganu and Johor, the luck of public holidays has favoured us, bestowing an extended celebration with a paid replacement holiday on Monday (12^th February 2024)![1]

Now, the burning question on everyone’s mind (because that’s the same question the KLYC team has in mind too): What happens to Saturday? Will we be getting an additional day off as a replacement holiday for Chor 1 of CNY which falls on Saturday, turning this year’s Lunar New Year celebration into a delightful 4-day extravaganza? Can I ask my employer for an additional day off?

Let’s take a dive into the Holidays Act 1951 of Malaysia (“Holidays Act”). The Holidays Act prescribes that “weekly holiday” means Sunday[2], except for the states of Kedah, Johor, Terengganu and Kelantan (the “Relevant States”), which observe Friday as their weekly holiday. The Employment Act 1955 of Malaysia (“Malaysia EA”) is aligned in this regard, providing that every employee shall be allowed in each week a rest day of one whole day as may be determined by the employer, and where an employee is allowed more than one rest day in a week, the last of such rest days shall be the rest day.

What does this mean for us?

In Mandarin, the number 4 is pronounced as “sì” which sounds similar to the word for death, “死” (sǐ). We’re already in the year 2024 (or 2023A for some), how can we also have a 4-day holiday for Chinese New Year!

Jokes aside, this has nothing to do with superstition, rather under the Malaysia EA (read together with the Holidays Act), if a public holiday falls on a rest day (i.e., Sunday, except for the Relevant States), Monday shall be considered a paid holiday[3]. There is (unfortunately) no replacement holiday for public holidays falling on Saturday, although it is a non-working day for most of us.

Now, let’s cross the Straits of Johor and look at the holiday scene in Singapore. Are employees in Singapore getting a 4-day holiday? Based on the Employment Act 1968 of Singapore (“Singapore EA”), it appears that certain employees may be entitled to an additional day off in substitution for the public holiday falling on Saturday!

How? Why?

Similarly, the Singapore EA provides that if a public holiday falls on a rest day[4], the next working day is a paid holiday[5]. Interestingly however, the Singapore EA goes on to stipulate that if a public holiday falls on a non-working day (e.g. if an employee is on a 5 day work week, Saturday would be considered as the employee’s non-working day), the employer may either pay the employee for that holiday at his or her gross rate of pay or give the employee a day off in substitution for that holiday[6], a provision which did not find its way to our Malaysia EA.

Fellow Malaysians, let’s not allow this to dampen our holiday spirits shall we! As the Lunar New Year’s true essence lies in cherished moments with families and loved ones, may the upcoming festivities not only bring luck but also warmth of familial bonds, making this Lunar New Year a celebration which is truly extraordinary.

[1] As published on the official State Government portal of the states of Kelantan, Kedah, Johor and Terengganu, 10^th February 2024 and 11^th February 2024 will be observed as public holidays in each of these states.

[2] Section 2 of the Holidays Act 1951 of Malaysia

[3] Section 3 of the Holidays Act 1951 of Malaysia, read together with Section 60D of the Employment Act 1955 of Malaysia

[4] Section 36(1) of the Employment Act 1968 of Singapore provides that “every employee must be allowed in each week a rest day without pay of one whole day which must be Sunday or such other day as the employer may determine from time to time.”

[5] Section 88(1)(b) of the Employment Act 1968 of Singapore

[6] Section 88(1)(c) of the Employment Act 1968 of Singapore