The Ministry of Human Resources (KESUMA) has issued guidelines for employers regarding the overlapping holidays on September 16, 2024, which coincides with Malaysia Day and the birthday of Prophet Muhammad. While Malaysia Day is a mandatory public holiday, Prophet Muhammad’s birthday is considered optional for private sector employers.
According to KESUMA’s statement, employers must grant employees a public holiday for Malaysia Day without the possibility of substituting it with another date. However, if an employer chooses to recognize Prophet Muhammad’s birthday as a public holiday, they must provide an alternative day off, as per section 60D(1) of the Employment Act 1955. The suggested replacement date is Tuesday, September 17, 2024.
Alternatively, employers may agree with employees to observe the replacement holiday on a different date, following the provisions of section 60D(1A) of the Act. This flexibility allows employers and employees to negotiate a suitable arrangement for the optional holiday.