KUALA LUMPUR, Sept 16 — It has already been a three-day-long weekend, but are you entitled to a holiday tomorrow as well since Malaysia Day and the Prophet’s Birthday fall on the same day today?
Well by now, your employers should have already made it clear, but in short — Is tomorrow a public holiday?
- If you’re a civil servant: NO
- If you work in the private sector: It depends... on your employers
According to the gazette of federal and state public holidays for civil servants in 2024, September 17 was not designated a public holiday.
The gazette was published by the Prime Minister’s Department’s Cabinet, Constitution, and Intergovernmental Relations Division on August 9, 2023.
The division also announced on its website that this is because Holidays Act 1951 did not provide for an automatic replacement holiday should public holidays fall on the same day.
Despite that, the government has the prerogative to designate a replacement holiday should it be required.
As for workers in the private sector, Malay Mail has previously written that for those in peninsular Malaysia, it really depends on your employer.
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.
- 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.
On August 1, 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.
Sabah and Sarawak have their own labour laws.
However, both Sabah Chief Minister Datuk Seri Hajiji Noor and Sarawak Secretary Datuk Amar Mohamad Abu Bakar Marzuki have both been reported saying that September 17 will not be a public holiday.
