Replacement Public Holiday – Is 17 September a Holiday?
Did you realize that in this coming 16 September 2024, there are 2 public holidays which falls on the same day? They are Malaysia Day and Prophet Muhammad’s Birthday. Do Malaysians get a replacement public holiday on the next day which is 17th September?
To answer this question, let’s understand in a simple way how the law views these holidays and at the end of this article, I will provide my answer.
(A) What are the public holidays that are recognized by Employment Act 1955?
There are 11 paid public holidays that must be provided by the Company. Out of these 11 public holidays, 5 are mandatory. Those 5 are:
- National Day.
- Yang di-Pertuan Agong’s Birthday.
- Birthday of Sultan, Governor or Federal Territory Day, depending on which state you are working.
- Worker’s Day.
- Malaysia Day.
The remaining 6 more public holidays can be chosen from the list of other appointed holidays by the government. There are many of them, some at national level and others are at state level, however, let me share with you some of the popular ones.
- New Year’s Day.
- Thaipusam.
- Chinese New Year, Hari Raya, Deepavali and Christmas.
- Nuzul Al-Quran.
- Wesak Day
- Awal Muharram
- Prophet Muhammad’s Birthday
- Hari Raya Haji.
- Penang Heritage Day (for Penang)
- Hari Hol (for Pahang)
- Dayak Gawai Festival (for Sarawak)
Out of the list above, the Company can choose a minimum of 6 more public holidays to recognize and observe.
The company can choose more than 6 if they want but the total paid public holiday must not be less than 11.
(B) What Happens on 16 September 2024?
On 16 September 2024, there are 2 public holidays which are Malaysia Day and Prophet Muhammad’s Birthday.
The Employment Act 1955 states that if any of the chosen paid public holidays falls on a rest day or another recognized public holiday, the next working day will be a replacement holiday.
The keyword here is chosen or recognized by the Company.
We know the Malaysia Day is a mandatory holiday. Now, you need to check if Prophet Muhammad’s Birthday is on your Company’s public holiday list.
If your Company observes Prophet Muhammad’s Birthday, then you get a replacement holiday on 17 September 2024.
However, since this is an optional holiday, the Company can decide to observe that holiday on another day. For example, the Company can request employees to come to work on 17th and replace that holiday on the 20th of September.
If your Company does not recognize Prophet Muhammad’s Birthday, then you only observe Malaysia Day as a public holiday and return to work the following working day.
See the latest announcement from the government here.
(C) Other Helpful Public Holiday Information.
We normally don’t give much thought about public holidays. We just take it and enjoy the holidays. Here is some additional public holiday information that can be useful to you.
Can the company observe the 6 optional public holidays on a different date?
Yes, they can do that after informing the employees and getting a general agreement from the employees.
Should the Company have a public holiday list every year?
Yes, the law requires them to maintain a public holiday calendar and communicate it to all employees every year. It’s best to inform everyone about the public holidays recognized by the Company, rather than assuming they already know.
You can email all your employees and also put it up on the notice board.
What is the overtime rate for working on a public holiday?
The overtime rate would 2x of your hourly wages for the first 8 hours and then 3x of your hourly wages if exceeds more than 8 hours.
Should the company provide food allowance for employees who work on public holiday?
No, they don’t have to any food allowance just to cater for employees who work during the public holidays.
What if the public holidays fall during my sick leave or annual leave?
The company must provide a replacement holiday to the employee. This includes employees who are away from work due to SOCSO related disability.
Do I get a replacement public holiday during my maternity leave?
If you are on maternity leave, you are not entitled for a replacement holiday.
What happens to an employee who is absent without approval a day before or a day after the public holiday?
If the employee does not have a valid reason or the reason provided is not acceptable, then the Company can decide to treat the public holiday as non-paid holiday.
(D) Conclusion
As long as your Company recognizes a minimum of 11 public holidays in a year and two of those holidays fall on the same day, the next working day will be a replacement holiday. Therefore, it is crucial for you to know which public holidays your Company recognizes. Moreover, it is equally important for the Company to implement an effective public holiday management process.
