KUALA LUMPUR, Sept 16 — It has already been a three-day-long weekend, but are you entitled to a holiday tomorrow as well since Malaysia Day and the Prophet’s Birthday fall on the same day today?
If you’re a civil servant: NO
If you work in the private sector: It depends... on your employers
According to the gazette of federal and state public holidays for civil servants in 2024, September 17 was not designated a public holiday. The gazette was published by the Prime Minister’s Department’s Cabinet, Constitution, and Intergovernmental Relations Division on August 9, 2023.
The division also announced on its website that this is because Holidays Act 1951 did not provide for an automatic replacement holiday should public holidays fall on the same day. Despite that, the government has the prerogative to designate a replacement holiday should it be required.
As for workers in the private sector, Malay Mail has previously written that for those in peninsular Malaysia, it really depends on your employer. Here’s what private companies can do, based on the Employment Act 1955:
What Private Companies Can Do
If employers have chosen the Prophet Muhammad’s Birthday as one of the company's public holidays, then the company would have to replace this day with September 17. They can also replace Prophet Muhammad’s Birthday as a paid day off for its employees on another day (instead of September 17), if the employees agree.
On August 1, the Human Resources Ministry's Department of Labour Peninsular Malaysia said Malaysia Day on September 16 is a compulsory public holiday that employees are entitled to, and that it cannot be replaced with another day. As for Prophet Muhammad’s Birthday, which happens to fall on September 16 this year, the department said this is an optional public holiday.
Sabah and Sarawak
Sabah and Sarawak have their own labour laws. However, both Sabah Chief Minister Datuk Seri Hajiji Noor and Sarawak Secretary Datuk Amar Mohamad Abu Bakar Marzuki have both been reported saying that September 17 will not be a public holiday.
Bursa Malaysia and Civil Servants
While some private companies have chosen to offer a replacement holiday on Tuesday (Sept 17) due to the overlapping observances of Maulidur Rasul and Malaysia Day on Monday (Sept 16), it will be business as usual for Bursa Malaysia and civil servants. The Prime Minister's Department had said, in a statement, that there would be no automatic public holiday on Sept 17 for the overlap between Malaysia Day and Prophet Muhammad's Birthday (Maulidur Rasul).
National news agency Bernama reported that an announcement on the Cabinet, Constitution, and Intergovernmental Relations Division website stated that the Holidays Act 1951 (Act 369) does not provide for an automatic replacement holiday for public holidays that overlap or fall on the same working day. However, the Human Resources Ministry said it recognised both days as individual public holidays and that private sector employers could choose to grant employees a day off for Maulidur Rasul on Sept 17.
“Malaysia Day, which falls on Sept 16, is a mandatory public holiday. It cannot be replaced with other dates. Meanwhile, Prophet Muhammad's Birthday is recognised as an optional public holiday for employers in the private sector to observe as a general day off,” it said in a statement on Aug 8. “However, the government may designate another day as a public holiday if necessary,” according to the announcement.
The ministry said that this was covered by Section 60D(1) of the Employment Act 1955, and that private sector employers could also choose to substitute it on a day other than Sept 17, under Section 60D(1A) of the same act. Meanwhile, Bursa Malaysia Bhd and its subsidiaries will be closed on Sept 16 in observance of both Prophet Muhammad’s Birthday (Maulidur Rasul) and the Malaysia Day public holiday. “Bursa Malaysia and its subsidiaries will resume operations, and carry out trading and settlement activities as usual on Sept 17,” the stock exchange operator said in a statement last month.
What About the Future?
The situation with overlapping public holidays highlights the need for a clear and consistent approach to dealing with such events. The government may need to review the Holidays Act 1951 to provide for automatic replacement holidays in cases where public holidays fall on the same day. This would provide greater certainty for both employers and employees and prevent confusion and inconvenience.
The government could also consider introducing a more flexible approach to public holidays, allowing employers to choose to observe them on different days, subject to employee consent. This would give employers more flexibility while ensuring that employees still have access to paid time off. By taking these steps, the government can ensure that public holidays are celebrated in a way that is both meaningful and beneficial for all Malaysians.
