Overlapping holidays in Malaysia on 16 Sep 2024: What should employers do?

While Malaysia Day is mandatory, it is optional for employers to declare Prophet Muhammad's birthday a public holiday, as clarified by KESUMA.

With both Malaysia Day and the birthday of Prophet Muhammad falling on 16 September 2024 (Monday), the Ministry of Human Resources (KESUMA) has released a statement clarifying steps employers should take to navigate the clash in dates.

As clarified in the statement, it is mandatory for employers to provide employees with a public holiday for Malaysia Day, and it cannot be replaced by another date. On the other hand, Prophet Muhammad birthday is deemed an optional public holiday. Thus, any private sector employer who declares it as the company's general holiday must add a replacement date on Tuesday, 17 September 2024, as stipulated in section 60D(1) of the Employment Act 1955.

However, KESUMA added, if agreed on with the employees, the employer may replace the holiday on a day other than 17 September, as stipulated in section 60D(1A) of the Act.