Sept 15 Public Holiday: Do Employers Have to Follow?
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Sept 15 Public Holiday: Do Employers Have to Follow?

post by Hong Yuan

by Hong Yuan

Jul 27, 2025
at 12:07 AM

In July 2025, the Malaysian government officially announced that 15 September 2025 will be a public holiday. This special holiday was declared in conjunction with the celebrations leading up to Malaysia Day (Hari Malaysia) on 16 September.

For employees and employers, this immediately raised some questions:

  • Does this extra public holiday apply to everyone?
  • Do employers have to give employees a day off?
  • What happens if you are asked to work on 15 September?

This article will break it down in simple language so you know exactly what your rights and obligations are.


1. Why Was 15 September 2025 Declared a Public Holiday?

According to news from The Star (23 July 2025) and Free Malaysia Today, Prime Minister Datuk Seri Anwar Ibrahim announced that 15 September 2025 will be a public holiday for the whole country.

The idea is to allow Malaysians more time to take part in Malaysia Day events, parades, and community celebrations that peak on 16 September.

This is considered an additional public holiday and is gazetted as a one-off event.


2. Is 15 September 2025 a Gazetted Public Holiday?

Yes.

Once the Prime Minister’s announcement is published in the Federal Gazette, 15 September becomes an official public holiday.

There are two main types of public holidays in Malaysia:

1. Gazetted Public Holidays (Compulsory)

  • Fixed dates every year such as Hari Merdeka (31 August), Hari Malaysia (16 September), Labour Day (1 May).
  • Employers must follow them.

2. Special or Additional Public Holidays (One-off)

  • Declared for a specific year, often before or after a major national event.
  • Employers must also follow these once gazetted.

15 September 2025 falls into the second category.


3. Must Employers Observe This Public Holiday?

Yes.

The Human Resources Minister, Steven Sim, confirmed on 23 July 2025 that all employers must observe 15 September as a public holiday.

This means:

  • If your company is closed that day, you still get paid.
  • If your company requires you to work, the law requires extra payment.

This rule applies throughout Malaysia.


4. What Does the Law Say About Working on a Public Holiday?

The Employment Act 1955 covers employees in Peninsular Malaysia and Labuan.
For Sabah and Sarawak, there are similar state ordinances.

Basic rule for public holiday payment:

If you do NOT work on a public holiday:

  • Daily or hourly paid employees: Get paid your normal wages for that day.
  • Monthly paid employees: Already covered in your fixed monthly salary.

If you DO work on a public holiday:

  • You are entitled to 2× your normal daily wages, on top of your regular pay.
  • If you work overtime, you also get 3× your hourly rate for the extra hours

Example Calculation:

Let’s say:

  • Your normal daily wage = RM100
  • You work 8 hours on 15 September
  • You do 2 hours overtime

Your pay for that day will be:

  1. Holiday pay: 2 × RM100 = RM200
  2. Normal salary (already counted): RM100
  3. Overtime pay: 3 × (RM100 ÷ 8) × 2 = 3 × 12.50 × 2 = RM75

Total for 15 September: RM375


5. Can You Refuse to Work on 15 September?

This depends on your contract.

  • If your contract or collective agreement allows the company to require work on public holidays, you may have to work.
  • However, you must still be compensated according to the law.
  • For most office-based jobs, companies usually close on declared public holidays.

For essential services (e.g. healthcare, police, transport), working on public holidays is common and managed by duty rosters.


6. What If 15 September Falls on Your Rest Day or Annual Leave?

  • If the declared public holiday falls on your rest day, your employer must give you a replacement day off (substitute holiday).
  • If it falls during your annual leave, the company cannot deduct that day from your leave. You get your leave back.

This is a standard HR practice in Malaysia.


7. Does This Law Apply to All Employees?

Not always.

The Employment Act 1955 applies to:

  • Employees earning RM4,000 and below
  • All manual workers (regardless of salary)

For employees earning above RM4,000, or if you are on a managerial/contract basis:

  • Your contract governs your entitlement.
  • However, most companies follow the same public holiday rules for everyone to avoid unfair treatment.

If you’re unsure, ask your HR department.


8. What Happens if an Employer Ignores the Holiday?

If your employer refuses to:

  • Give you a day off, or
  • Pay the correct public holiday payment,

You can report this to the Department of Labour (Jabatan Tenaga Kerja - JTK).

There are penalties for employers who fail to comply with public holiday rules after a gazette announcement.


9. Key Differences Between 15 September and Malaysia Day (16 September)

15 September 2025:

  • One-off additional public holiday (special declaration)
  • Aims to allow Malaysians to prepare for celebrations.

16 September:

  • Annual Malaysia Day (Hari Malaysia)
  • Gazetted public holiday every year.

This means you will enjoy two consecutive days of holidays in 2025: 15 and 16 September.


10. Frequently Asked Questions (FAQ)

Q1: Is 15 September 2025 a public holiday in Malaysia?

Yes. It has been officially declared as an additional public holiday throughout Malaysia.

Q2: Do employers have to follow this public holiday?

Yes. Once gazetted, employers are required to give paid leave or pay the correct public holiday rate if employees work.

Q3: How is public holiday pay calculated?

If you work: 2× daily wages + normal wages. Overtime: 3× hourly rate.

Q4: What if my company refuses to give time off?

You can file a complaint with the Department of Labour.

Q5: Is 15 September a yearly holiday?

No. It is a one-time holiday for 2025.


11. Final Tips for Employees

  • Check your company memo or HR announcement.
  • Confirm whether you are scheduled to work.
  • If you work on 15 September, track your hours so that you can check your payslip.
  • If unsure, ask HR. Don’t assume.

12. Final Tips for Employers

  • Update your internal holiday calendar.
  • If your company must operate, issue duty rosters early.
  • Ensure payroll teams calculate public holiday payment correctly.
  • Respect the replacement day rule if it falls on a rest day.

Key Takeaway

15 September 2025 is a public holiday in Malaysia, and employers must observe it.

For most workers, this means a paid day off. If you need to work, you are entitled to extra pay according to the Employment Act.