Thaipusam & Federal Territory Day Fall on the Same Day in 2026, Do Staff Get a Replacement Day?

In 2026, Thaipusam and Federal Territory Day fall on the same calendar day. This overlap has raised questions among employers and HR teams, especially when the date also falls on an employee’s rest day or non-working day.

Do employers need to replace both public holidays? Is a replacement holiday mandatory? What does Malaysian labour law actually require?

This article explains the situation clearly based on the Employment Act 1955, so employers can remain compliant and avoid misunderstandings.

What Is Thaipusam?

Thaipusam is a Hindu religious festival celebrated mainly by the Tamil community. In Malaysia, it is observed as a state public holiday, not a nationwide holiday.

Employees are entitled to Thaipusam only if they work in states where it is gazetted as a public holiday.

States and territories that observe Thaipusam as a public holiday include:

Selangor
Penang
Perak
Negeri Sembilan
Johor
Kedah
Kuala Lumpur (Federal Territory)
Putrajaya (Federal Territory)

What Is Federal Territory Day?

Federal Territory Day is observed on 1 February each year to commemorate the establishment of Malaysia’s Federal Territories.

It is a location-specific public holiday, meaning it applies only to employees working in the Federal Territories.

Federal Territories that observe Federal Territory Day:

Kuala Lumpur
Putrajaya
Labuan

Employees working outside these locations are not entitled to this public holiday.

Why the Overlap Matters for Employers

When Thaipusam and Federal Territory Day fall on the same day, HR teams must:

Identify which public holiday(s) apply based on the employee’s work location
Avoid assuming all employees are entitled to both holidays
Apply the Employment Act 1955 correctly when determining replacement holidays

Public Holiday Entitlement Under the Employment Act 1955

Under Section 60D(1) of the Employment Act 1955, employees are entitled to 11 paid public holidays in a calendar year, consisting of:

5 compulsory public holidays, and
6 additional public holidays selected by the employer.

The Act also provides that if a public holiday falls on a rest day, the next working day must be given as a paid public holiday in substitution.

Importantly, the law looks at the calendar day, not the number of public holidays declared on that day.

When Two Public Holidays Fall on the Same Day

When two public holidays fall on the same date, the Employment Act treats them as:

One calendar day
One public holiday entitlement

There is no provision in the Employment Act 1955 that requires employers to grant two replacement public holidays simply because two holidays overlap on the same date.

In short, overlapping public holidays do not double the statutory entitlement.

If the Overlapping Public Holidays Fall on a Rest Day

If Thaipusam and Federal Territory Day fall on an employee’s rest day:

The employee is considered to have missed one public holiday
The employer must provide:
- One replacement public holiday on the next working day

Providing one replacement day fully satisfies the employer’s legal obligation. There is no requirement to replace both holidays.

What If the Employee is Required to Work on That Day?

If an employee works on a public holiday, Section 60D(3) applies.

In such cases, the employer must:

Pay public holiday pay, and
Pay the employee at the prescribed public holiday rate, or grant a replacement day, depending on wage structure and contract terms.

Even in this scenario, the entitlement still applies to one public holiday, not two.

Is Replacing Both Public Holidays Mandatory?

No.

Under the Employment Act 1955:

Employers are legally required to replace one public holiday only
Any additional replacement day is a company policy decision, not a statutory requirement

Best Practice for Employers and HR

To avoid confusion and disputes, employers should:

Clearly communicate which public holiday is being substituted
Update the company holiday calendar early
Apply the rule consistently across all employees
Check employment contracts or collective agreements for any enhanced benefits

FAQ

If two public holidays fall on the same day, do employers need to replace both?

No. Employers are only required to replace one public holiday under the Employment Act 1955.

If the overlapping holidays fall on a rest day, what must the employer do?

The employer must provide one replacement public holiday on the next working day, as required under Section 60D.

What if the employee works on that overlapping public holiday?

The employer must comply with public holiday pay rules, but the entitlement still applies to one public holiday only.

Are employees entitled to both Thaipusam and Federal Territory Day?

Only if both holidays apply to the employee’s work location. Federal Territory Day applies only in KL, Putrajaya, and Labuan.

Can employers give an extra replacement day?

Yes, but it is optional. Any additional day off is a company benefit, not a legal requirement.

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