What power does the government have over replacement holidays?

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Government Prerogative on Replacement Holidays

The government possesses the authority to designate a replacement holiday when public holidays coincide, a provision not automatically stipulated by the Holidays Act 1951. This means that while the Act itself does not mandate an automatic substitute day off, the government retains the discretion to declare one if deemed necessary.
Official Designation of Public Holidays

For civil servants in 2024, September 17 was not gazetted as a public holiday. The Prime Minister’s Department’s Cabinet, Constitution, and Intergovernmental Relations Division, which published the gazette on August 9, 2023, clarified that the Holidays Act 1951 does not provide for automatic replacement holidays when two public holidays fall on the same date.
Employer Discretion in the Private Sector

In the private sector, the determination of a replacement holiday for coinciding public holidays depends on individual employers. According to the Employment Act 1955, companies can choose to substitute September 17 as a holiday if they have designated the Prophet's Birthday as one of their company's public holidays. Alternatively, if employees agree, employers may offer a paid day off on another date instead of September 17.
Compulsory vs. Optional Public Holidays

The Department of Labour Peninsular Malaysia has distinguished between compulsory and optional public holidays. Malaysia Day, observed on September 16, is a compulsory public holiday and cannot be replaced with another day. In contrast, the Prophet's Birthday, which also fell on September 16 this year, is considered an optional public holiday.
Regional Rulings on Replacement Holidays

Specific rulings have been made regarding September 17 in Sabah and Sarawak. Both Sabah Chief Minister Datuk Seri Hajiji Noor and Sarawak Secretary Datuk Amar Mohamad Abu Bakar Marzuki have indicated that September 17 will not be a public holiday in their respective states. This aligns with the general principle that specific state governments may have their own interpretations or announcements concerning public holidays.

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What power does the government have over replacement holidays?

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