The Ministry of Human Resources (KESUMA) stated that the Federal Government has gazetted two public holidays: Wesak Day on 31 May (Sunday) and the King’s Birthday on 1 June (Monday).
In a joint statement with the Peninsular Malaysia Labour Department, the ministry reminded private sector employers in Peninsular Malaysia that they are required to observe the Yang di-Pertuan Agong’s Birthday on 1 June as a compulsory paid public holiday.
For illustration purposes only
Legal obligations for employers
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 private sector employers must provide.
Meanwhile, Wesak Day falls under the category of optional public holidays. Employers may choose to use this day to fulfil the remaining six paid public holidays required under Section 60D(1)(a) of the Act.
Regarding holidays that fall on rest days, the statement noted:
“The proviso under paragraph 60D(1)(b) states that if a public holiday falls on a weekly rest day or another gazetted holiday, the next working day will be treated as a paid substitute holiday.”
For illustration purposes only
For employers who observe Sunday as the weekly rest day and choose Wesak Day as a paid public holiday:
- 1 June (Monday) must be observed as the paid public holiday for the King’s Birthday and cannot be replaced
- Because Wesak Day falls on a Sunday, 2 June (Tuesday) should then be granted as a replacement paid public holiday.
However, this replacement leave may be substituted with another day if both the employer and employee mutually agree, as provided under subsection 60D(1A).
Employee rights and compensation
The department also reminded that employees earning RM4,000 and below, as well as those listed under the First Schedule of the Employment Act 1955, are entitled to public holiday pay rates if they are required to work.
These rates are governed by subsection 60D(3) of the Act.
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