Background:
The Prime Minister has appointed 15 September 2025 to be observed as a public holiday.
Here are some of the questions I’ve received from my followers on social media.
Q: If the company has already given 11 gazetted public holidays for the year, will this be included as the 12th?
A: Section 8 of the Holidays Act 1951 states this holiday is “in addition to” the existing holiday. So no, it’s not part of the 11 appointed days, it’s an extra!
Q: Is this considered as a mandatory public holiday? My company says they don’t allow non-mandatory holidays. ðŸ˜
A: Yes, it is mandatory as per Employment Act Section 60D(1)(b). If the Prime Minister declares it, it’s official. No loopholes.
Q: Maksudnya public holiday ni kira 2 hari gaji lah Aunty?
A: Section 60(D)(3) says:
• If you earn a fixed monthly salary, you’ll get 2x of your Ordinary Rate of Pay (ORP) for working on a public holiday, even if you work less than your normal hours.
• If you work beyond normal hours, it becomes 3x hourly rate.
P.S. ORP = Monthly Wages/26 days.
P.P.S This applies only if you earn RM4K per month or less or categorised as manual labour.
Q: What if my salary is above RM4K?
A: Sadly, it’s not mandatory to pay extra. Most companies will replace the public holiday with another day off, one-to-one.
Q: Can the company replace the holiday to another day instead of 15 September?
A: Yes, they can. This is allowed under Section 60D(1A).
Q: Aunty, I already applied for annual leave on that day! How? Annual Leave burn?!
A: No need to panic. Section 60D(1B) says, that if a public holiday falls on your annual leave, the company must replace the public holiday. Usually, we just cancel your annual leave and credit it back to you.
Q: Can company turn the public holiday into additional annual leave?
A: Yes, that’s allowed too.
Q: My off day is Monday, and my rest day is Tuesday. Do I get a replacement for Monday’s public holiday?
A: Section 60D(1)(b) only requires replacement if the public holiday falls on your rest day. So Monday, no. But Tuesday, yes.
Q: How about Sabah & Sarawak?
A: They are not governed by the Employment Act 1955. You’ll need to wait for your respective state ministers to announce. Based on my 20 years of experience, they usually will, so fingers crossed. 🤞
Q: Aunty, is this public holiday only for 2025? Or every year from now on?
A: Amboiiii…. 😳 This is only for 2025. Next year if we want extra cuti, we wait again and hope the Prime Minister is in a good mood. 😄
xoxoxo
