SEPT 5 — The overlap of Malaysia Day and Prophet Muhammad’s Birthday (Maulidur Rasul) this year on 16th September 2024 prompts the question of whether employees will be entitled to an additional paid holiday on 17th September 2024.

According to the Employment Act 1955, employees are entitled to 11 paid public holidays in any one calendar year, 5 of them being National Day, Labour Day, Malaysia Day, the birthday of the Yang di-Pertuan Agong, and the birthday of the respective state Ruler or Yang di-Pertua Negeri.

Malaysia Day on 16th September 2024 is a compulsory public holiday whereas Prophet Muhammad’s Birthday is not one of the mandatory holidays to be given as one of the eleven gazetted public holidays. The treatment accorded to it is based on the employment contractual terms.

Section 60D(1) of the Employment Act 1955 provides that if any one public holiday falls on:

(i) a rest day; or

(ii) any of the 11 gazetted public holidays which an employee is entitled to as a minimum under law; or

(iii) any day appointed as a public holiday for that particular year under Section 8 of the Holidays Act 1951;

the working day following immediately the rest day or the other public holiday shall be a paid holiday.

As clarified in the statement by the Ministry of Human Resources dated 1st August 2024, Prophet Muhammad’s Birthday is deemed an optional public holiday. Thus, any private sector employer who declares it as the company’s recognised public holiday must add a replacement holiday on 17th September 2024, as stipulated in section 60D(1) of the Employment Act 1955.

Alternatively, as provided under section 60D(1A) of the Employment Act 1955, Prophet Muhammad’s Birthday as a paid day off can also be replaced on another day (instead of 17th September 2024) by agreement between the employer and employee.

In summary, private sector employers who do not usually recognise the Prophet Muhammad’s Birthday as a paid holiday among the 11 minimum gazetted public holidays are not legally required to observe 17th September 2024 as an additional paid holiday.

* Leonard Yeoh is a partner and Pua Jun Wen an associate with the law firm, Tay & Partners. 

https://www.malaymail.com/news/what-you-think/2024/09/05/will-you-get-an-extra-holiday-on-september-17-for-a-four-day-weekend-leonard-yeoh-and-pua-jun-wen/149310