Beyond , Time to Consider Floating Holidays

Freeda Jane Madius Researcher, WISDOM Foundation

Kedah’s Menteri Besar Muhammad Sanusi Md Nor’s controversial cancellation of the Thaipusam holiday in Kedah was met by a downpour of nationwide critiques. Malaysians denunciated his actions but to shift towards becoming a progressive nation, we need to move past condemnation to focus instead on the actual matter at hand.

How can we be inclusive in festive celebration without affecting the workforce productivity by creating too many holidays in the Malaysian calendar?

Indonesia and the United Nations: Safeguarding Employees and their Religious Beliefs

For a start, we can look at examples from beyond the territory of . We can divert our attention towards Indonesia and reflect on the employment laws they enacted which govern the workplace. As one of their key minimum employment rights, a worker is permitted to have one day off for the reason of complying with religious obligations. Indonesia’s Manpower Act No. 13 of 2003 contains a provision under Article 801 which mandates employees to provide the opportunity to their workers to perform their religious covenant. The financial welfare of these employees is also guaranteed when taking this time off through Article 932 as the Indonesian government recognises the importance of religious observations and shows their respect through the provision of the opportunity for workers to take leave for these types of purposes.

On the other hand, owing to the worldwide establishment of duty stations, the United Nations (UN) previously encountered issues when arranging meetings with members of the duty stations due to the different religious celebrations that different countries observe. To resolve this, the UN took it to their general assembly3 to address this issue where they decided to create holidays which are alternative to the official holidays determined by the organisation. In addition to the nine fixed official holidays that the UN has already established, they also offer a single day to be an alternative holiday whose choice is up to a staff member’s discretion. These alternative holidays stem from a list that is local to the country in which a duty station is situated in order to consider local customs and traditions of the country. These alternative holidays are termed as ‘floating holidays’, a dedicated time which employees of the UN could inform their supervisors of their intention and need to take one day off in order to practice their religious duties. But what exactly is a ‘floating holiday’ and what do they entail?

1 Indonesia Government, 2003. ‘Manpower Act No. 13 of 2003.’ Accessible At: https://betterwork.org/portfolio/8-3-leave- and-public-holidays/: 22. 2 Ibid: 25. 3 United Nations, 2019. ‘Official holidays for 2020 at United Nations Headquarters.’ Accessible At: https://undocs.org/pdf?symbol=en/ST/IC/2019/23: 1.

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The Floating Holiday Concept and its Advantages

The concept of a floating holiday4 is primarily created with the intention of offering employees the chance to observe religious holidays which are not granted off by the company. The principal significance of this concept is that a floating day policy promotes inclusiveness. Employees have the freedom to choose any day in a year to take off in order to practice their religious obligations provided that they inform their manager or supervisor beforehand. Nevertheless, floating holidays have an ‘expiry date’ and unlike annual leaves, these off-days cannot be accumulated and carried into the next year.

Ideally, the notification of an employee’s intent to take a floating holiday should be conveyed as early as possible to their superiors. In turn, their superiors should respect the choice made by their employee and authorise this leave. Hence, this process also reduces time for the employers in terms of the approval for leave as the cooperative dialogue would have been institutionalised and would not require unique, individual handling.

Aside from stimulating inclusion within the workplace, floating holidays also benefits a company from an economic aspect. Besides being more all-encompassing with diverse groups of people in the workplace, floating holidays also allows the spreading out of workers taking leaves within a year, enabling companies to operate for more days. We can begin to consider how this concept can be implemented in Malaysia, a nation rich with diversity in culture and traditions, as we take a look at the current scheduling of public holidays in Malaysia.

4 Insperity, 2018. ‘Floating holiday FAQs: What is it, policies, PTO and more.’ Accessible At: https://www.insperity.com/blog/floating-holiday/

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Public Holidays and Festivals in Malaysia and Current Dilemmas

The following tables (Table 1 and Table 2) shows public holidays which have been recognised as official public holidays by the Prime Minister’s Department of Malaysia.5

Table 1 Public Holidays with Cultural and/or Religious Significance in 2021

# Holiday Date Day National State Holiday in State State State Holiday the Malayan States Holiday in Holiday Holiday in (√) (Johor, Kedah, Federal in Sarawak Kelantan, Melaka, Territories (√) Negeri Sembilan, (√) (√) Pahang, Perak, Perlis, Pulau Pinang, Selangor, Terengganu) (√) 1 New Year’s 1 Jan Fri Malacca (√) √ √ √ Day 2021 Negeri Sembilan (√) Pahang (√) Perak (√) Pulau Pinang (√) Selangor (√) 2 Thaipusam 28 Thu Negeri Sembilan (√) F.T. Kuala - - Jan Perak (√) Lumpur (√) Pulau Pinang (√) F.T. Selangor (√) Putrajaya (√) 3 Chinese 12 Fri √ New Year Feb Chinese 13 Sat Johor (√) √ √ √ New Year Feb Kedah (√) Day (2nd Malacca (√) Day) Negeri Sembilan (√) Pahang (√) Perak (√) Perlis (√) Pulau Pinang (√) Selangor (√) 4 Isra and 11 Thu Kedah (√) Mi’raj Mar Negeri Sembilan (√) Perlis (√) Terengganu (√) 5 Good 2 Apr Fri - - √ √ Friday 6 Ramadan 13 Tue Johor (√) - - - (1st Day) Apr Kedah (√) Malacca (√)

5 Prime Minister’s Department, 2021. ‘Hari Kelepasan Am Tahun 2021.’ Accessible at: http://www.kabinet.gov.my/bkpp/index.php/perkhidmatan/hari-kelepasan-am

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# Holiday Date Day National State Holiday in State State State Holiday the Malayan States Holiday in Holiday Holiday in (√) (Johor, Kedah, Federal in Sarawak Kelantan, Melaka, Territories Sabah (√) Negeri Sembilan, (√) (√) Pahang, Perak, Perlis, Pulau Pinang, Selangor, Terengganu) (√) 7 Nuzul al- 29 Thu Kelantan (√) √ - - Quran Apr Pahang (√) Perak (√) Perlis (√) Pulau Pinang (√) Selangor (√) Terengganu (√) 8 Eid al-Fitr 13 Thu √ May Eid al-Fitr 14 Fri √ (2nd Day) May 9 Wesak Day 26 Wed √ May 10 Kaamatan 30 Sun - F.T. Labuan √ - (Harvest) May and (√) Festival and Mon 31 May 11 Gawai 1 Tue - - - √ Dayak June and and Wed 2 June 12 Day of 19 Mon Terengganu (√) - - - Arafat July 13 Eid al-Adha 20 Tue √ July Eid al-Adha 21 Wed - Kelantan (√) - - (2nd Day) July Terengganu (√) 14 Islamic 10 Tue √ New Year Aug (Awal ) 15 Prophet’s 19 Tue √ Birthday Oct 16 Deepavali 4 Thu - √ √ √ - Day Nov 17 24 Fri - - √ - Eve Dec 18 Christmas 25 Sat √ Day Dec

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Table 2 Public Holidays with Political, Administrative or Economic Significance in 2021

Federation, National Day, Ruler’s/Governor’s Key date in Economic States and Independence birthday, Installation Day, Development of Significance Federal Day Hari Hol* State/Territory Territories Malaysia Independence Yang di-Pertuan Agong’s Day (Aug 31); Birthday (Jun 7) (May 1) (Sep 16) Sabah Sabah Governor’s Birthday (Oct 2) Sarawak Sarawak Sarawak Governor’s Independence Birthday (Oct 9) (Jul 22) Johor Sultan Johor’s Birthday (Mar 23); Hari Hol Almarhum Sultan Iskandar (Sep 13) Kedah Sultan Kedah’s Birthday (Jun 20) Kelantan Sultan Kelantan’s Birthday (Nov 11 and Nov 12) Malacca Malacca Governor’s Declaration of Birthday (Aug 24) Melaka as a Historical City (April 15) Negeri Sembilan Negeri Sembilan’s Governor’s Birthday (14 Jan) Pahang Hari Hol (May 22); Sultan Pahang’s Birthday (Jul 30) Perak Sultan Perak’s Birthday (Nov 5) Perlis Raja Perlis’ Birthday (Jul 17) Pulau Pinang Pulau Pinang Governor’s Georgetown Birthday (Jul 10) World Heritage Day (Jul 7) Selangor Sultan Selangor’s Birthday (Dec 11) Terengganu Installation Anniversary of (Mar 4); Sultan Terengganu’s Birthday (Apr 26) FT Labuan FT Day (Feb 1) FT Kuala Lumpur FT Day (Feb 1) FT Putrajaya FT Day (Feb 1) *the passing day of the previous ruler.

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Table 3 Total Number of Official Public Holidays for Malaysia in 2021

States and National National State/Territory State/Territory Total Federal Holiday with Holiday with Holiday with Holiday with Holidays Territories Cultural/ Political, Cultural/ Political, Religious Administrative Religious Administrative Significance and Economic Significance and Economic Significance Significance Sabah 8 4 6 1 19 Sarawak 8 4 4 2 18 Johor 8 4 3 2 17 Kedah 8 4 4 1 17 Kelantan 8 4 3 1 16 Malacca 8 4 4 2 18 Negeri 8 4 5 1 18 Sembilan Pahang 8 4 4 2 18 Perak 8 4 5 1 18 Perlis 8 4 4 1 17 Pulau Pinang 8 4 5 2 19 Selangor 8 4 5 1 18 Terengganu 8 4 5 2 19 FT Labuan 8 4 5 1 18 FT Kuala 8 4 5 1 18 Lumpur FT Putrajaya 8 4 5 1 18

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Table 4 Cultural/Religious Festivals that are Currently not Public Holidays for Malaysia in 2021

# Holiday Celebrated by Date Day 1 Maghi - Lohri6 Sikhs Jan 14 Thu 2 Pongal7 Hindus 3 Guru Gobind Singh Birthday Sikhs Jan 20 Wed 4 Ash Wednesday8 Christians Feb 17 Wed 5 Yuan Xiao (Lantern) Festival9 Chinese Community Feb 26 Fri 6 Maha Sivarathri Hindus Mar 11 Thu 7 Pangkuni Utthiram Hindus Mar 28 Sun 8 Palm Sunday Christians 9 Hola Mohalla Sikhs Mar 29 Mon 10 Holi 11 Easter Sunday Christians Apr 4 Sun 12 Ching Ming (Tomb-Sweeping Day) Chinese Festival 13 Vaisakhi Sikhs Apr 13 Tue 14 Yugadhi Hindus 15 Songkran (Thai New Year)10 Malaysian Siamese 16 Pilava New Year Hindus Apr 14 Wed 17 Birthday of Guru Angad Dev Sikhs Apr 18 Sun 18 Sri Rama Navami Hindus Apr 21 Wed 19 Chitra Paurnami Hindus Apr 26 Mon 20 Vaikasi Visakam Hindus May 25 Tue 21 Duan Wu (Dragon Boat) Festival Chinese Jun 14 Mon 22 Martyrdom of Guru Arjan Dev Sahib Sikhs Jun 16 Wed 23 Awal Zulhijjah11 Muslims Jul 11 Sun 24 Ani Thirumanjanam Hindus Jul 15 Thu 25 Aadi Perukku Hindus Aug 3 Tue 26 Aadi Amavasai Hindus Aug 8 Sun 27 Aadi Pooram Hindus Aug 11 Wed 28 Chinese Hungry Ghost Festival Chinese Aug 21 Sat 29 Onam Hindus 30 Sri Krishna Jayanthi Hindus Aug 30 Mon 31 Vinayakar Chathurthi Hindus Sep 10 Fri 32 Chinese Mid-Autumn Festival Chinese Sep 21 Tue 33 Navarathri Start Hindus Oct 7 Thu 34 Chong Yang Festival Chinese Oct 14 Thu 35 Saraswathi Pooja Hindus

6 CalendarLabs, 2021. ‘List of Religious Holidays of Sikh in 2021.’ Accessible at: https://www.calendarlabs.com/holidays/sikh/2021 7 Malaysia Hindu Sangam, 2021. ‘Hindu Festival Calendar.’ Accessible at: http://www.malaysiahindusangam.org/mhs- youtube-videos/festival-calendar/ 8 GCatholic, 2021. ‘Lithurgical Calendar Malaysia 2021.’ Accessible at: http://www.gcatholic.org/calendar/2021/MY-en.htm 9 Malaysia Calendar Blog, 2020. ‘Malaysia Calendar Year 2021.’ Accessible at: https://blog.malaysiacalendar.com/malaysia- calendar-year-2021/ 10 Penang Global Tourism, 2021. ‘EVENTS (Apr-Jun).’ Accessible at: https://mypenang.gov.my/events/all- events/?quarter=2&lg=en 11 JAKIM, 2021. ‘TARIKH-TARIKH PENTING DALAM ISLAM TAHUN 2021 / 1442 – 1443 BAGI MALAYSIA.’ Accessible at: https://www.e-solat.gov.my/index.php?siteId=24&pageId=52

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# Holiday Celebrated by Date Day 36 Ayutha Pooja Hindus Oct 14 Thu 37 Vijaya Dasami Hindus Oct 15 Fri 38 Birth of the Guru Granth Sikhs Oct 20 Wed 39 Skantha Sashthi Hindus Nov 9 Tue 40 Guru Nanak Birthday Sikhs Nov 19 Fri 41 Karthigai Theepam Hindus 42 Martyrdom of Guru Tegh Bahadur Sikhs Nov 24 Fri Sahib 43 Winter Solstice Festival Chinese Dec 21 Tue

Based on the information from these tables, it is evident that the federal and state governments have allocated many holidays that are in line with the needs of their people coming from diverse backgrounds. Nevertheless, there remains other cultural holidays which have been left out such as those mentioned in Table 4, a list which is still not completely exhaustive due to the many different races residing in Malaysia and the religions which they practice. This becomes a predicament to minorities who are denied the joy of celebrating important festivities.

Additionally, Table 4 shows a significant number of holidays which are potentially celebrated by Malaysians. However, the list only consists of a few of the cultural festivals which are better known nationwide. An actual account of the total number of cultural festivals celebrated by each Malaysian could well go into the hundreds due to the multitude of races living in Malaysia. A conundrum is thus created; increasing the number of holidays to accommodate each and every single festivity will result in reduced productivity for the workforce. How can we best deal with this situation to allow inclusivity without reducing the labour efficiency in the Malaysian scene?

A Workable Solution

Proposing the UN’s method of separating public holidays into official holidays and floating holidays, Malaysia could devise a scheme which separates national and state holidays into similar categories. Aside from an increase in the inclusive culture in society, businesses stand to profit from the floating holidays scheme as well. Employers would not bear any costs from time taken off by employees to fulfil their religious obligations. Rather, they would stand to gain more from an increase in good morale and spirits from their employees to work better while increasing their company’s productivity in terms of the increase in the number of operating business days.

A list of state holidays which would be inclusive in festivals that qualifies to be floating holidays could be made to ensure the needs of the people coming from diverse backgrounds can be met in a systematic, rational, and fair mechanism. Taking the current quandary that is happening in Kedah into consideration, the state’s holiday scenarios and consequences can be calculated as follows:

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Table 5 Holiday Scenarios and the Consequences in the Kedah Workforce System (2014-2020)12

Scenario Total Kedah Official Consequence with Kedah and Their Public Holidays without Work Culture Business Operations (x) A Increasing fixed holidays x > 17 More groups of people benefit from having more time to observe religious occasions, but the economy loses more business days. B Maintaining fixed x = 17 Certain groups of people are holidays excluded from observing religious occasions while the number of business days remain the same. C Reducing extra fixed x = 16 Groups who lose the holiday would holidays (the case of feel marginalised and resentful removing Thaipusam) while the economy gains from an increase in business days. D Converting 1 or more x <= 16 More groups of people benefit from fixed holidays to having more time to observe floating holidays (in this religious occasions while the case, declare Thaipusam economy also gains from an together with other increase in business days. festivals as at least 1 floating holiday)

Through this method, those who celebrate festivities which are not included as part of the major official holidays, such as Thaipusam, Thai New Year, Vaisakhi, Awal Zulhijjah, Ramadan, Day of Arafat and even Kaamatan and Gawai, will be able to gain the necessary leave in order to perform their religious obligations. These festivities are not only observed by those native to Kedah, but also by those who came to Kedah to work or study. In this way, workers and will feel more appreciated and develop more positive work ethics and mannerisms, simultaneously bringing more productivity to work in terms of energy efficiency and more days for business operations. Moreover, students will likewise share the same feelings and will be able to perform their study obligations better upon successfully completing their religious or cultural observations.

The example provided may have focused on Kedah, but we can extend this floating holiday system to other parts of Malaysia as well, such as to Sabah and Sarawak. The governments for both of these states could start this process of change by showing an example through the implementation of the concept of floating holidays in their respective states as well. The changes to the holiday system would contain a list of floating holidays to include festivals such as Pongal, Thaipusam, Awal Zulhijjah, Mid- Autumn Festival and other minority holidays. The recognition of these religious festivities would promote harmony and solidarity across the South Chinese Sea, between East and West Malaysia, as it would be a symbol of respect of the various cultures which are predominant in Peninsular Malaysia.

12 Zikri Kamarulzaman, 2021. ‘Fact check: Thaipusam has been a holiday in Kedah since 2014’ Accessible at: https://www.malaysiakini.com/news/560069

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Conclusion

In conclusion, when challenges involving discriminative issues arise, such in the case of the recent events in Kedah, we need to progress beyond censure towards creating more inclusivity for minorities to prevent future conflict and unnecessary discord. The implementation of floating holidays by governmental authorities would benefit the majority of our diverse Malaysians. Therewithal, employers in the private sector or civil society who provide longer holidays (such as Hari Raya, , or Christmas) could also consider administering floating holidays into their leave system by turning these festive breaks into floating holidays for employees to utilise according to their celebrated festivities. In retrospect, governments possess the responsibility of looking for the most inclusive solutions for their people instead of opting for the simplest of solutions. These inclusive solutions are possible, provided that we share the same desire to embrace the culture of inclusivity. We need to proactively learn from existing solutions readily available worldwide and actively adapt them into the current holiday system so that Malaysia can grow into becoming a progressive and inclusive society.

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