The Ministry of Human Resources (KSM) has clarified the issue of overlapping public holidays on the 1 February 2022 in a statement on posted on their official Facebook page.
In the statement, the department explained that the Chinese New Year public holidays fall on 1 and 2 February, while Federal Territories Day falls on February 1.
“Given these two public holidays fall on February 1, one additional public holiday must be given by employers to their workers as provided for under Section 60D(1)(b)(ii) Employment Act 1955,” KSM said.
The provision says, “Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year on any day appointed as a public holiday.”
“Provided that if any of the public holidays fall on any other public holiday, the working day following immediately the rest day or the other public holiday shall be a paid holiday in substitution of the first-mentioned public holiday.”
Federal Territory Day or Hari Wilayah is celebrated on 1 February every year and the date marks the anniversary of the formation of the Kuala Lumpur Federal Territory on 1 February 1974.
KSM also said that employers of the private sector under the Federal Territory of Kuala Lumpur, Putrajaya, and Labuan should give 1 extra day for a paid public holiday on the 3 February 2022.
However, this does not apply to employers who do not list Chinese New Year as a public holiday.
On the cabinet’s website, it is stated in an announcement that the public sector is not included in the 265 Act, hence only employers in the private sector can give the day off to their employees.
Previously, Malaysians were disappointed to learn that the news of an extra public holiday by the Prime Minister’s Office was fake, but it seems like some Malaysians will be getting a holiday anyway!