THE overlap of Malaysia Day and Prophet Muhammad’s Birthday (Maulidur Rasul) this year on Sept 16 prompts the question of whether employees will be entitled to an additional paid holiday on the following day (Sept 17).

According to the Employment Act 1955, employees are entitled to 11 paid public holidays in any one calendar year, five of them being the 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 (governor).

While Malaysia Day on Sept 16 is a compulsory public holiday, the Prophet Muhammad’s Birthday is not one of the mandatory holidays to be considered as one of the 11 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:

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 Human Resources Ministry dated Aug 1, Prophet Muhammad 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 Sept 17 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 Sept 17) 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 Sept 17 as an additional paid holiday. - Sept 5, 2024

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

https://focusmalaysia.my/legally-speaking-will-you-get-an-extra-holiday-on-sept-17-for-a-4-day-weekend/