With Malaysia Day and Prophet Muhammad’s Birthday (Maulidur Rasul) both falling on 16th September 2024, many are wondering if they will get an additional holiday on 17th September 2024. Here’s what you need to know.
Under the Employment Act 1955, employees are entitled to 11 paid public holidays yearly. Five of these holidays are mandatory: National Day, Labour Day, Malaysia Day, the Yang di-Pertuan Agong’s birthday, and the state Ruler’s or Yang di-Pertua Negeri’s birthday.
Malaysia Day on 16th September is a compulsory public holiday. However, Prophet Muhammad’s Birthday is not one of the mandatory holidays. Whether this day is observed as a paid holiday depends on what is agreed in an employee’s contract.
When Do You Get an Extra Holiday?
According to Section 60D(1) of the Employment Act 1955, if a public holiday falls on:
A rest day,
One of the 11 gazetted public holidays, or
A special public holiday was declared for that year,
then the following working day will become a paid holiday.
Since Prophet Muhammad’s Birthday is considered an optional holiday by the Ministry of Human Resources (as confirmed in a statement on 1st August 2024), employers who recognize it as a holiday must provide a replacement holiday on 17th September 2024, as outlined by the law.
Alternatively, employers can agree with their employees to replace this day off with another date.
What If Your Employer Does Not Recognize Prophet Muhammad’s Birthday as a Holiday?
For employers who do not normally include Prophet Muhammad’s Birthday as one of the 11 public holidays, there is no legal requirement to provide an additional paid holiday on 17th September 2024. This applies to private-sector employers who may not observe this day as part of their official holiday list.
In such cases, 17th September will be treated as a regular working day unless a company policy or employment contract states otherwise. Employers must only follow the 11 paid holidays specified in the Employment Act or those agreed upon in the employee’s contract.
Can Employers Replace the Extra Holiday With Another Date?
Section 60D(1A) of the Employment Act 1955 allows employers to replace a public holiday with another date by mutual agreement between the employer and employee. In this case, if Prophet Muhammad’s Birthday is given as a holiday, but the company wishes not to observe 17th September as a replacement holiday, both parties can agree to shift the extra holiday to a different date.
This flexibility is useful for companies needing to maintain operations but still wanting to provide employees with an additional day off later in the year.
In summary, the possibility of an extra holiday on 17th September 2024 depends on whether your employer observes Prophet Muhammad’s Birthday as one of the official holidays. If they do, they must provide a replacement holiday under the law. Otherwise, employers who do not include this day in their holiday list are not obligated to provide an extra day off. Keep an eye on any announcements from your employer for clarity on this matter.
