What happens when public holidays coincide under the Holidays Act 1951?

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A replacement holiday is not automatic when public holidays coincide under the Holidays Act 1951

When two public holidays fall on the same day, the Holidays Act 1951 does not provide for an automatic replacement holiday. Instead, the government has the prerogative to designate a replacement holiday if it is required.
The Holidays Act 1951 does not trigger an automatic replacement
The key point is that the Holidays Act 1951 does not create an automatic “substitute day” when public holidays coincide. This means a replacement holiday is not guaranteed purely because a public holiday overlaps with another public holiday on the same date.
The government can still set a replacement day if needed
Even though no automatic replacement is built into the Holidays Act 1951, the government may designate a replacement holiday if required. This gives the authorities discretion to decide whether a substitute day will be issued in a particular situation.
The 2024 Malaysia Day and Prophet’s Birthday example shows how it plays out
In 2024, Malaysia Day and the Prophet’s Birthday fell on the same day, and September 17 was not designated a public holiday. For civil servants, the statement in the federal and state public holiday gazette meant there was no replacement day, reflecting the lack of an automatic replacement under the Holidays Act 1951.
Private-sector replacement depends on employers and the Employment Act 1955
For private-sector workers, whether a replacement day is provided can depend on the employer, including how the employer applies the Employment Act 1955 framework. The Department of Labour Peninsular Malaysia had said Malaysia Day on September 16 is compulsory and cannot be replaced, while the Prophet’s Birthday is optional; if an employer had chosen it as a company public holiday, the day would need to be replaced with September 17, or replaced with another paid day off if employees agree.

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What happens when public holidays coincide under the Holidays Act 1951?

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