KUALA LUMPUR: Private sector employers in Peninsular Malaysia are required to observe the Birthday of the Yang di-Pertuan Agong on June 1 as a compulsory paid public holiday that cannot be substituted, says the Peninsular Malaysia Labour Department.
It said the Federal Government has gazetted two public holidays for the period: Wesak Day on Sunday, May 31, and the King's Birthday on Monday, June 1.
"Under subparagraph 60D(1)(a)(ii) of the Employment Act 1955, the Birthday of the Yang di-Pertuan Agong is one of five compulsory paid public holidays that must be granted by private sector employers and cannot be replaced with another day," it said in a statement on Tuesday (May 5).
It added that Wesak Day, meanwhile, falls under the category of optional public holidays that employers may select to make up the remaining six paid public holidays required under Section 60D(1)(a) of the Act.
However, it noted that if a public holiday falls on a weekly rest day, the next working day must be treated as a replacement paid holiday in accordance with Section 60D(1)(b).
"As such, for employers who observe Sunday as the weekly rest day and choose Wesak Day as a paid public holiday, June 1 must be observed as a paid public holiday for the King’s Birthday, and cannot be substituted.
"Tuesday, June 2, shall then be granted as a replacement paid public holiday for Wesak Day, which falls on a Sunday," it added.
The department said such replacement leave may, however, be substituted with another day upon mutual agreement between employer and employee, as provided under subsection 60D(1A).
It also issued a reminder that employees earning RM4,000 and below, as well as those specified under the First Schedule of the Employment Act 1955, who are required to work on a public holiday are entitled to public holiday pay rates under subsection 60D(3).
