Sarawak passes bill for automatic replacement public holidays

THE State Legislative Assembly (DUN) has passed the Public Holidays (Amendment) Bill 2026, paving the way for replacement public holidays to be granted automatically when public holidays overlap, without requiring separate Gazette notifications.

Minister in the Premier’s Department (Law, MA63 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali said the amendment would provide greater clarity in the administration of public holidays while enabling families, businesses and other organisations to plan their activities in advance.

She said the existing Public Holidays Ordinance was silent on situations where a public holiday coincided with another public holiday, requiring the state government to issue separate Gazette notifications to declare replacement holidays.

“Rather than dealing with the same situation separately each time it arises, this Amendment Bill will provide a clear mechanism to address this matter,” she said in her winding up speech on the Bill at the DUN sitting, today (Oct 13).

Hasidah said the amendment would establish a statutory mechanism for replacement public holidays to take effect automatically, eliminating the need for additional Gazette notifications whenever such overlaps occurred.

This would allow members of the public, businesses and other organisations to plan their activities and holidays with greater certainty, without having to wait for official confirmation through separate notifications.

She cited instances of overlapping holidays in recent years, including Hari Gawai’s second day coinciding with the Yang di-Pertuan Agong’s Birthday in 2025, and Wesak Day falling on a Sunday in 2026, when the following Monday and Tuesday were already public holidays for Gawai.

Under the amendment, the provision governing public holidays falling on Sundays or coinciding with other public holidays would be incorporated into Section 3 of the Ordinance, providing for replacement holidays under the law.

Hasidah said a similar mechanism was already in place at the federal level under the Holidays Act 1951, while Sabah had also amended its Holidays Ordinance to align with the federal legislation.

However, the amendment would preserve the power of the Head of State to order otherwise through a Gazette notification when circumstances required it.

The Bill also provides for the deletion of the Second Schedule, which is no longer considered relevant, alongside consequential amendments to remove references to the First or Second Schedule in the Principal Ordinance.

Hasidah said the amendments would take effect immediately upon being passed and officially gazetted.

She also clarified that public holidays published in the official government almanac served as official notification and must be observed by employers.

She said the government would work to raise public awareness of the amended provisions and would further examine concerns raised during the debate, particularly those relating to the implications of deleting the Second Schedule.