KUALA LUMPUR: The overlap of Malaysia Day and Prophet Muhammad's Birthday (Maulidur Rasul) on Sept 16 this year has led to the Human Resources Ministry recognising both as individual public holidays.
In a statement on Thursday (Aug 8), the ministry said Malaysia Day, which falls on a Monday, is a mandatory public holiday.
"It cannot be replaced with other dates.
"Meanwhile, Prophet Muhammad's Birthday is recognised as an optional public holiday for employers in the private sector to observe as a general day off," it said.
It added that private sector employers choosing to grant employees a day off for Prophet Muhammad's Birthday can do so on the following day, Tuesday, Sept 17.
"This falls under Section 60D(1) of the Employment Act 1955.
"They can also choose to substitute it on a day other than Sept 17, under Section 60D(1A) of the Act," the statement read.
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The ministry urged employers to always be aware of and comply with its notifications.
This decision marks a shift from the government’s earlier stance, where it was stated that the overlap of these holidays would not result in an automatic additional day off.
According to the Act, employees are entitled to 11 paid public holidays a year, five of them being National Day, Labour Day, Malaysia Day, the birthday of the Yang di-Pertuan Agong, and the birthday of the respective state Ruler or Yang di-Pertua Negri.
It was reported on Aug 2 that there will be no automatic replacement public holiday on Sept 17 with both Malaysia Day and Prophet Muhammad’s Birthday falling on Sept 16.
An announcement on the Cabinet, Constitution and Intergovernmental Relations Division website stated that the Holidays Act 1951 does not provide for an automatic replacement holiday for public holidays that overlap or fall on the same working day.
