Employee entitlements: What to do if a public holiday in Malaysia falls on a rest or non-working day

Section 60D of the Employment Act states that if any of the 10 gazetted public holidays (designated for 2023) falls on a rest day, the immediate-following working day shall be a paid holiday in lieu.

Employees covered under Malaysia's Employment Act (EA), working on a five-day workweek arrangement, are entitled to a paid holiday at their ordinary rate of pay on 11 gazetted public holidays (applicable for 2023) in any one calendar year, according to Section 60D of the Act.

In view of the upcoming Hari Raya Aidilfitri holidays, here's a recap of the EA requirements to note:

Four out of the 11 gazetted days are:

• the National Day;
• the Birthday of the Yang di-Pertuan Agong;
• the Birthday of the Ruler or the Yang di-Pertua Negeri, as the case may be, of the State in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day, if the employee wholly or mainly works in the Federal Territory, and
• the Workers' Day

If any of the 11 gazetted public holidays for 2023 falls on a rest day, the working day following immediately thereafter shall be a paid holiday in lieu.

The employer shall exhibit conspicuously at the place of employment, before the commencement of each calendar year, a notice specifying the remaining six gazetted public holidays in respect of which his employees shall be entitled to paid holidays:

• Provided that by agreement between the employer and an employee, any other day or days may be substituted for one or more of the said remaining six gazetted public holidays.
• Where any of the said ten gazetted public holidays or any other day substituted therefor as provided in subsection (1) or (1A) falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this Act, or falls during the period of temporary disablement under the Workmen's Compensation Act 1952, or under the Employees Social Security Act 1969, the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefor.

According to a statement by the Department of Islamic Development Malaysia (Jabatan Kemajuan Islam Malaysia, or JAKIM) on Thursday (13 April 2023), the determined date for Hari Raya Aidilfitri 2023 in Malaysia will be announced on the night of 29 Ramadan (Thursday, 20 April 2023) by the Keeper of the Great Seal of the King of Malaysia.

Per a report by The Star, which cited Bernama, Federal Territories (FT) Mufti Datuk Dr. Luqman Abdullah said the date will be decided based on astronomical calculations and the sighting of the new crescent moon at the point of sunset on that night. "According to this method of calculating and observing, or the Imkanur Rukyah method, if the moon is sighted on the evening of the 29th day of Ramadan, Aidilfitri will be celebrated the next day, but if not, then Aidilfitri will be celebrated a day after," he was quoted as saying.

The Mufti added that per the initial calculations, Aidilfitri will fall on 22 April (Saturday).

Keeping in mind that the holiday could fall on a rest day, the Malaysia HR Forum has shared sample guidelines for HR teams to follow in updating employees on their entitlements to replacements for these days:

Should an employee be on a six-day workweek arrangement, they may refer to the following:

ALSO READ: FAQs on Malaysia's Employment Act

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Infographics: Malaysia HR Forum