Will Peninsular Malaysians get an extra holiday on Sept 17 after Malaysia Day and Prophet’s Birthday?

KUALA LUMPUR (Aug 1): Have you been looking forward to an extra long weekend next month with this year’s overlap of Malaysia Day and the Prophet Muhammad’s Birthday on September 16?

Did you plan to enjoy a four-day break from September 14 to September 17 (Saturday to Tuesday) by hoping for a replacement day off? If you are working in the private sector in Peninsular Malaysia, it really depends on your employer.

In a statement today, 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.

Here’s what private companies can do, based on the Employment Act 1955:

• 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 (Tuesday).
• 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.

According to the Act, every employee is entitled to 11 gazetted public holidays, including five specified holidays such as the National Day (August 31) and Malaysia Day (September 16); as well as any other day appointed as a public holiday.

It also explains how public holidays should be substituted or replaced, if any of those public holidays falls on a rest day or overlaps with another public holiday.

The announcement today was made based on the Employment Act which only covers Peninsular Malaysia and the Federal Territory of Labuan. Sabah and Sarawak have their own labour laws. – Malay Mail