The Kedah State Government has officially declared Thaipusam, falling on 11th February 2025, as a public holiday for the state. This declaration is made under Section 9 (1) of the Holidays Act 1951, which governs state-declared public holidays. As such, employers with operations in Kedah should take note of the following important information:
1. Is It Compulsory for Employers to Observe the Public Holiday?
The observance of this public holiday is compulsory only if the employer observes all public holidays within a calendar year. Employers should review their company policies, employee handbooks, or employment contracts to determine whether they observe all public holidays or only select ones.
If the company observes all public holidays, then Thaipusam must be treated as a public holiday.
If the company observes only selected public holidays, the employer has discretion in deciding whether to observe Thaipusam as a public holiday. In making this decision, employers may consider factors such as:
The number of employees affected by the holiday
Potential operational impact (e.g., changes in traffic or workflow on that day)
2. If the Company observes Thaipusam as a public holiday but requires employees to work, the following provisions apply:
A) For Employees Entitled to Overtime and Public Holiday Pay (Under Written Laws):
Employers have the following two options:
Option 1: Treat 11th February 2025 as a Public Holiday
Pay the employee at the public holiday rate, which is 2 x their Ordinary Rate of Pay for normal hours worked.
For any overtime work, pay at 3 x the Hourly Rate of Pay.
Option 2: Provide a Replacement Public Holiday
With the employee’s consent, the employer can replace the public holiday with another day of leave.
B) For Employees Not Entitled to Overtime or Public Holiday Pay (Under Written Laws):
Employers have the following two options:
Option 1: Treat 11th February 2025 as a Public Holiday
Provide replacement leave for the employee in recognition of working on a public holiday.
Alternatively, the employer may refer to company policy to determine if additional remuneration or compensation is applicable.
Option 2: Provide a Replacement Public Holiday
With the employee’s consent, the employer may replace the public holiday with another day of leave.
Employers in Kedah should review these guidelines carefully and assess their operational needs when deciding how to handle the Thaipusam public holiday. For any clarification, please feel free to reach out to our Consultants at Eden for further assistance. 📥 Download the official document
Commentaires