Malaysia: Do employers have to grant an additional paid holiday on 17 September 2024?

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​​​​​​​​​​​​​​Are employers required to provide additional paid leave to their employees on September 17, 2024 with Malaysia Day and Prophet Mohammed's birthday overlapping on September 16, 2024?

Section 60D(1) of the Labor Act 1955 provides that if a public holiday falls on:

  1. one of the eleven public holidays to which an employee is entitled; or
  2. a day designated as a public holiday for that year under section 8 of the Public Holidays Act, 1951; or
  3. a day of rest,


the immediately following working day shall be granted as an additional paid public holiday.

     
Prophet Muhammad's birthday is not one of the obligatory holidays among the eleven public holidays, so the treatment of Prophet Muhammad's birthday depends on the contractual provisions in the employment contract.
    
If employees are entitled to paid leave for all public holidays, September 17, 2024 should be granted as an additional paid public holiday. Alternatively, under section 60D(1A) of the Employment Act 1955, the employer may move the paid vacation to another day of the year with the employee's consent.

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