Public holiday in the State of Kedah on 31 Oct 2016 (Monday)
The Secretary of Kedah State Government, the Menteri Besar of Kedah Datuk Seri Ahmad Bashah Md Hanipah, who is also the President of Kedah Football Association has announced that 31 Oct 2016 (Monday) will be observed as a State public holiday in Kedah as a token of appreciation towards the citizens of Kedah for their strong support towards the State’s team, and thus advancing to the final round.
This holiday is declared under Section 9 of the Holidays Act 1951. This means that employers who in their handbook have stated that they observe ALL gazetted public holidays will have to observe 31 October 2016 as one of the recognised holidays.
However, for employers who observe only specific public holidays and not ALL public holidays, they are under no statutory obligation to observe the declared day as a public holiday.
For employers who are not legally obliged to observe 31 October 2016 as a holiday but nevertheless wants to comply with the State’s declaration, they may request employees to work on the said date but provide a substituted holiday as a replacement.
TAKE NOTICE that the said public holiday declared by the State Government of Kedah is not within the ambit of Section 60D(1)(b) of the Employment Act 1955 as it is not declared under Section 8 of the Holidays Act 1951. Therefore, there is no legal requirement to observe the holiday declared by the State Government of Kedah, except in situation as described in paragraph 3 above. Be that as it may, in the spirit of sportsmanship and “Majulah Sukan untuk Negara”, all employers in the State of Kedah are advised to observe this holiday.
Should you require further clarification, please leave a comment below.