Cuti bersama — meaning “collective leave” in Malay — refers to the additional days off declared by the Malaysian government where the entire nation is encouraged to take leave together, typically to extend a public holiday into a longer break. These are not statutory public holidays under the Holidays Act 1951, but they are a significant part of Malaysian workplace culture.
For employers, cuti bersama days create unique obligations around leave management, payroll, and workforce planning. This guide explains what cuti bersama is, how it affects your business, and how to handle it as an employer.
This article is general information, not legal advice.
Key Takeaways
- Cuti bersama are government-declared collective leave days, not public holidays
- They are typically announced by the Prime Minister’s Office each year
- Employers are not legally required to grant cuti bersama, but most do
- Employees can use annual leave for cuti bersama days
- Some employers close entirely; others remain operational with reduced staff
What Is Cuti Bersama?
Cuti bersama is a system where the Malaysian government declares specific days as collective leave days, encouraging all sectors to take the day off simultaneously. The purpose is to extend public holiday weekends into longer breaks, boosting domestic tourism and family time.
Cuti bersama days are typically:
- Announced by the Prime Minister’s Office at the beginning of each year
- Placed adjacent to major public holidays (Hari Raya, Chinese New Year, Deepavali)
- Not mandatory under the Holidays Act 1951
- Widely observed across both public and private sectors
Typical Cuti Bersama Days in Malaysia
The specific cuti bersama days change each year. A typical year might include:
| Occasion | Cuti Bersama Days | Typical Period |
|---|---|---|
| Chinese New Year | 1-2 days | Extended CNY break |
| Hari Raya Puasa | 1-2 days | Extended Eid break |
| Hari Raya Haji | 1 day | Extended Hajj Eid break |
| Deepavala | 1-2 days | Extended Diwali break |
| Christmas | 1 day | Extended Christmas break |
| National Day | 1 day | Merdeka weekend extension |
Note: Always check the Prime Minister’s Office announcement for the current year’s cuti bersama schedule.
Legal Status of Cuti Bersama
Not a Public Holiday
Cuti bersama days are not public holidays under the Holidays Act 1951. This means:
- Employers are not legally required to close
- Employees are not automatically entitled to the day off
- Double wages do not apply
- The replacement holiday rules do not apply
Employer Discretion
The decision to observe cuti bersama is at the employer’s discretion. You can:
- Close the business and allow all employees to take the day off
- Stay open with normal staffing
- Reduce operations with skeleton staff
- Allow individual employees to take annual leave for the day
How Employees Use Cuti Bersama
Annual Leave
Most employees use their annual leave entitlement to take cuti bersama days off. Under the Employment Act 1955:
- Employees with less than 2 years of service: 8 days annual leave
- Employees with 2-5 years of service: 12 days annual leave
- Employees with more than 5 years of service: 16 days annual leave
Unpaid Leave
If an employee has exhausted their annual leave, they may request unpaid leave for cuti bersama days. The employer can approve or reject this.
Company-Declared Holidays
Some employers declare cuti bersama days as company holidays — paid days off that do not count against the employee’s annual leave. This is a competitive benefit that many Malaysian employers use to attract talent.
Managing Cuti Bersama as an Employer
Policy Development
Create a clear cuti bersama policy that covers:
- Whether the company observes cuti bersama days
- How employees should apply for the day off
- Whether it counts against annual leave or is a company benefit
- Staffing requirements during cuti bersama periods
Communication
- Publish the cuti bersama calendar at the start of the year
- Remind employees of the policy before each cuti bersama period
- Confirm which days the business will be closed
Staffing
If you choose to remain open during cuti bersama:
- Identify essential staff who must work
- Arrange shift rotations fairly
- Consider offering incentives for those who work
- Ensure minimum staffing levels are maintained
Common Mistakes
Assuming Cuti Bersama Is Mandatory
New employers sometimes treat cuti bersama as public holidays, closing operations and paying staff without understanding the distinction. Cuti bersama is discretionary — know your obligations.
Forcing Employees to Use Annual Leave
If you declare the business closed on a cuti bersama day, you should not automatically deduct annual leave. Consider offering it as a company holiday or at minimum, give employees the choice.
Not Communicating the Policy
Ambiguity around cuti bersama creates confusion. If the company observes certain days and not others, publish this clearly.
Frequently Asked Questions
Are employers legally required to give cuti bersama off?
No. Cuti bersama days are not public holidays under the Holidays Act 1951. Employers have discretion over whether to observe them.
Can I use annual leave for cuti bersama?
Yes. Most employees use their annual leave entitlement for cuti bersama days. Some employers also declare cuti bersama as company-paid holidays.
Does cuti bersama apply to all industries?
Cuti bersama is observed across most industries, but essential services (healthcare, emergency services, utilities) typically remain operational. The government announces cuti bersama for the general workforce.
What if I have no annual leave left?
You can request unpaid leave from your employer. Alternatively, your employer may offer the day as a company holiday without requiring annual leave.
How many cuti bersama days are there per year?
The number varies. Typically there are 5-7 cuti bersama days per year, clustered around major festivals. The Prime Minister’s Office announces the exact schedule annually.