BEFORE or AFTER PUBLIC HOLIDAY
Employment Act 1955 Section 60D (2)
“Any employee who absents himself from work on the working day immediately preceding or immediately succeeding a public holiday or two or more consecutive public holidays or any day or days substituted therefore under this section without the prior consent of his employer shall not be entitled to any holiday pay for such holiday or consecutive holidays unless he has a reasonable excuse for such absence.”
MAIN POINT TO TAKE NOTE
- Absents from work immediately preceding or immediately succeeding a public holiday
- Without the prior consent of his employer
- Shall not be entitled to any holiday pay
- Unless has a reasonable excuse for such absence
Example:
Below is the attendance record of Employee A
| Date | Day | Day Type | Attendance Remark |
|---|---|---|---|
| 2 Jun 202X | Thursday | Working Day | Present to work |
| 3 Jun 202X | Friday | Working Day | Absent |
| 4 Jun 202X | Saturday | Off Day | Non-Working |
| 5 Jun 202X | Sunday | Rest Day | Non-Working |
| 6 Jun 202X | Monday | Public Holiday | Non-Working |
| 7 Jun 202X | Tuesday | Public Holiday | Non-Working |
| 8 Jun 202X | Wednesday | Working Day | Present to work |
Question:
Can the company forfeit two Public Holidays Pay because employee A had no reasonable excuse for absence on 3 June 202X?
Answer:
EA S60D (2) states:
An employee absent on his working day before or after a Public Holiday is not entitled to that holiday pay
Therefore, employee A are NOT entitled to the pay for the two holidays
Source from: http://jtksm.mohr.gov.my/images/pdf/Akta/16-peraturan_kerja_separa_masa_bm.pdf
