Public Holidays under Malaysian Law (Updated 2025)

Public holidays in Malaysia are governed mainly by the Employment Act 1955 and the Holidays Act 1951.

Whether you’re a business owner or HR professional, it's important to understand how these laws apply to your workforce to avoid disputes and ensure compliance.

Public Holiday in Malaysia's Employment Act

As per Section 60D(1) of the Employment Act 1955, all employees are entitled to 11 designated public holidays.

Additionally, Malaysian employees are entitled to any days appointed as public holidays under Section 8 of the Holidays Act 1951, referred to as "Ad Hoc Public Holidays".

Both the 11 designated public holidays and Ad Hoc Public Holidays are considered paid holidays.

According to the law, 5 of the 11 designated public holidays must include:

National Day – 31 August
Yang di-Pertuan Agong’s Birthday
Birthday of the State Ruler, Yang di-Pertua Negeri, or Federal Territory Day
Workers’ Day – 1 May
Malaysia Day – 16 September

The remaining 6 designated public holidays can be chosen by the employer from the list provided in the First Schedule of the Holidays Act 1951, and must be effectively communicated to employees through notice or stated in the employment agreement.

The list includes:

Chinese New Year (2 days, except 1 day in Kelantan & Terengganu)
Hari Raya Aidilfitri (2 days)
Hari Raya Haji (1 day, except 2 days in Kelantan & Terengganu)
Deepavali
Christmas
Wesak Day
Maulidur Rasul (Prophet Muhammad’s Birthday)
Nuzul Al-Quran (only for KL, Putrajaya & Labuan)

Regarding Ad Hoc Public Holidays, Section 60D(1A) of the Employment Act 1955 allows employers to grant employees any other day as a paid public holiday in substitution of any of the Ad Hoc Public Holidays.

What Are “Ad Hoc” Public Holidays?

These are additional holidays declared by:

The Prime Minister or Federal Government, or
The State Government (for state-level holidays)

They are legally binding under Section 8 of the Holidays Act 1951. Employers must observe these holidays and either:

Give a paid holiday, or
Replace the holiday with another day (Section 60D(1A))

Recent examples:

Public holidays declared for General Elections
Extra days for Hari Raya celebrations
Special holiday after major national events

What if additional holidays are announced by the Minister?

According to the 1951 Holidays Act, both the federal government and state governments have the authority to declare additional public holidays.

These public holidays are in addition to the 11 paid holidays.

Therefore, employers must pay wages or provide substitute holidays to employees if they are required to work on these additional public holidays.

Rates of Pay on Public Holidays

The payment rates for work performed on public holidays are regulated as follows:

Work Type	Rate of Pay
Normal hours on public holiday	2x ordinary hourly rate
Overtime on public holiday	3x ordinary hourly rate

These regulations are stipulated in Section 60D(3aa) and (3aaa), which mandates that the pay rate for work performed on public holidays must not be less than three times the hourly rate of pay during regular working hours.

Can Employers Replace Public Holidays?

Yes. According to Section 60D(1A), employers can replace a public holiday with another day, but they must:

Notify the employee before the intended holiday
Provide the replacement day as a paid holiday

This practice is common in industries with continuous operations or shift-based work.

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Frequently Asked Questions (FAQ) about Public Holidays under Malaysian Law

1. Is every employee in Malaysia entitled to 11 public holidays?

Yes. Under Section 60D(1) of the Employment Act 1955, employees are entitled to 11 paid public holidays per year — 5 must be observed, and 6 can be selected by the employer.

2. Can an employer force employees to work on a public holiday?

Yes, but only under certain conditions. If the employee works on a public holiday, the employer must pay:

2x the normal hourly rate for normal hours worked
3x the normal hourly rate for overtime hours

3. Can an employer replace a public holiday with another day?

Yes. Employers can replace a public holiday with another paid day off, but they must inform the employee in advance — this is legal under Section 60D(1A) of the Employment Act.

4. What happens if an employee is on leave during a public holiday?

If a public holiday falls during annual leave, the public holiday is not counted as part of the leave days. The employee is still entitled to that public holiday separately.

5. Do part-time employees get public holiday benefits?

Yes, part-time employees covered under the Employment (Part-Time Employees) Regulations 2010 are also entitled to paid public holidays on a pro-rata basis, depending on their work schedule.

6. What if a public holiday falls on a rest day or weekend?

If the public holiday falls on a non-working day (e.g., Sunday) or the employee’s rest day, the employer must give a replacement holiday OR pay public holiday rates if the employee is required to work.

7. Are ad hoc holidays (like special government-declared holidays) mandatory?

Yes. Once declared under Section 8 of the Holidays Act 1951, these holidays are legally binding. Employers must either observe them or replace them with another paid day off.

8. Do employees in Sabah and Sarawak follow the same public holiday rules?

Not entirely. The Employment Act 1955 applies to Peninsular Malaysia and Labuan. Sabah and Sarawak have their own Labour Ordinances with similar but not identical provisions. Employers there should refer to local ordinances.

9. What if an employer doesn’t comply with public holiday laws?

Non-compliance can result in:

Employee complaints to the Labour Department (JTK)
Fines and penalties under the Employment Act
Legal disputes or court action

10. Can employers choose which public holidays to observe?

Employers must observe the 5 compulsory holidays, but they can choose 6 others from the official list — this choice must be informed in writing to employees or stated in their contract.