Version:

Existing law recognizes various state holidays. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays, including, among others, the day after Thanksgiving.

This bill would recognize Yom Kippur as a state holiday. The bill would require that state employees, with specified exceptions, be given time off with pay for the day after Thanksgiving, or Yom Kippur, whichever day is chosen by the employee.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 6700 of the Government Code is amended to read:6700.

(a)The holidays in this state are:

(1)Every Sunday.

(2)January 1st.

(3)The third Monday in January, known as Dr. Martin Luther King, Jr. Day.

(4)February 12th, known as Lincoln Day.

(5)The third Monday in February.

(6)March 31st, known as Cesar Chavez Day.

(7)The last Monday in May.

(8)July 4th.

(9)The first Monday in September.

(10)September 9th, known as Admission Day.

(11)The fourth Friday in September, known as Native American Day.

(12)The second Monday in October, known as Columbus Day.

(13)November 11th, known as Veterans Day.

(14)December 25th.

(15)Good Friday from 12 noon until 3 p.m.

(16)Yom Kippur.

(17)(A)Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.

(B)Except for the Thursday in November appointed as Thanksgiving Day, this paragraph and paragraphs (3) and (6) shall not apply to a city, county, or district unless made applicable by charter, or by ordinance or resolution of the governing body thereof.

(b)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

SEC. 2.Section 19853 of the Government Code is amended to read:19853.

(a)All state employees shall be entitled to the following holidays: January 1, the

(1)January 1.

(2)The third Monday in January, the January.

(3)The third Monday in February, March 31, the February.

(4)March 31.

(5)The last Monday in May, July 4, the May.

(6)July 4.

(7)The first Monday in September, November 11, Thanksgiving Day, the September.

(8)November 11.

(9)Thanksgiving Day.

(10)The day after Thanksgiving, December 25, the Thanksgiving, or Yom Kippur, whichever day is chosen by the employee.

(11)December 25.

(12)The day chosen by an employee pursuant to Section 19854, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.

(b)If a day listed in this subdivision (a) falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed.

(c)Any state employee who may be required to work on any of the holidays included in this section, and who does work on any of these holidays, shall be entitled to receive straight-time pay and eight hours of holiday credit.

(d)For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime.

(e)Any state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for the fourth Friday in September, known as Native American Day, in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.

(f)Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.

(g)If subdivision (a), (c), or (d) is in conflict with the provisions of a memorandum of understanding executed or amended pursuant to Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

(h)This section shall become operative on February 1, 2009, or the date that the act adding this section takes effect, whichever is later.SEC. 3.Section 19853.1 of the Government Code is amended to read:19853.1.

(a)Notwithstanding Section 19853, this section shall apply to state employees in State Bargaining Unit 5.

(b)Except as provided in subdivision (c), all employees shall be entitled to all of the following holidays: January 1, the

(1)January 1.

(2)The third Monday in January, the January.

(3)The third Monday in February, March 31, the February.

(4)March 31.

(5)The last Monday in May, July 4, the May.

(6)July 4.

(7)The first Monday in September, November 11, the September.

(8)November 11.

(9)The day after Thanksgiving, December 25, and every Thanksgiving, or Yom Kippur, whichever day is chosen by the employee.

(10)December 25.

(11)Every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.

If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. Any employee who may be required to work on any of the holidays included in this section and who does work on any of these holidays shall be entitled to be paid compensation or given compensating time off for that work in accordance with his or her classifications assigned workweek group.

(c)If the provisions of subdivision (b) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

(d)(1)Any employee who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, is entitled to all of the following holidays, with pay, in addition to any official state holiday appointed by the Governor:

(1)

(A)January 1, the 1.

(B)The third Monday in January, the January.

(C)February 6.

(D)The third Monday in February, March 31, the February.

(E)March 31.

(F)The last Monday in May, July 4, the May.

(G)July 4.

(H)The first Monday in September, November 11, Thanksgiving Day, the September.

(I)November 11.

(J)Thanksgiving Day.

(K)The day after Thanksgiving, and December 25. Thanksgiving, or Yom Kippur, whichever day is chosen by the employee.

(L)December 25.

(2)When November 11 falls on a Saturday, employees shall be entitled to the preceding Friday as a holiday with pay.

(3)When a holiday, other than a personal holiday, falls on a Saturday, an employee shall, regardless of whether he or she works on the holiday, accrue only an additional eight hours of personal holiday credit per fiscal year for the holiday. The holiday credit shall be accrued on the actual date of the holiday and shall be used within the same fiscal year.

(4)When a holiday other than a personal holiday falls on Sunday, employees shall be entitled to the following Monday as a holiday with pay.

(5)Employees who are required to work on a holiday shall be entitled to pay or compensating time off for this work in accordance with their classifications assigned workweek group.

(6)Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.

(e)Any employee, as defined in subdivision (c) of Section 3513, may elect to use eight hours of vacation, annual leave, or compensating time off consistent with departmental operational needs and collective bargaining agreements for the fourth Friday in September, known as Native American Day.

(f)This section shall become effective with regard to the March 31 holiday only when the Department of Human Resources notifies the Legislature that the language contained in this section has been agreed to by all exclusive representatives, and the Department of Human Resources authorizes this holiday to be applied to employees designated as excluded from the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title 1), and the necessary statutes are amended to reflect this change.

Date	Status
Feb 1, 2018	Returned to Secretary of Senate pursuant to Joint Rule 56.
Apr 25, 2017	April 25 set for second hearing. Failed passage in committee. (Ayes 4. Noes 5. Page 827.) Reconsideration granted.
Apr 17, 2017	From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.
Mar 30, 2017	Set for hearing April 25.
Mar 23, 2017	March 28 set for first hearing canceled at the request of author.
Mar 3, 2017	Set for hearing March 28.
Feb 23, 2017	Referred to Com. on G.O.
Feb 15, 2017	From printer. May be acted upon on or after March 17.
Feb 14, 2017	Introduced. Read first time. To Com. on RLS. for assignment. To print.

Date	Description	Location	Votes
Apr 25, 2017	[Second] hearing set for [04-25-2017]: Failed passage in Committee. Reconsideration granted	Senate Standing Committee on Governmental Organization	13 0 0 Passed
Apr 25, 2017	Do pass, but first be re-referred to the Committee on [Appropriations]	Senate Standing Committee on Governmental Organization	4 5 4 Failed

Key

Pro

Against

Did Not Vote

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Steven Glazer

Chair

2017 - 2018 Regular

Bill No: 383 Hearing Date: 4/25/2017

Author:	, et al.
Version:	4/17/2017 Amended
Urgency:	No	Fiscal:	Yes
Consultant:	Felipe Lopez

SUBJECT: State holidays: Yom Kippur

DIGEST: This bill requires state employees be given time off with pay for the day after Thanksgiving, or for Yom Kippur, whichever the day is chosen by the employee and recognizes Yom Kippur as a state holiday.

ANALYSIS:

Existing law:

Recognizes various state holidays including:
January 1^st (New Year);
Third Monday in January (Dr. Martin Luther King, Jr. Day);
February 12^th (Lincoln Day);
Third Monday in February (Washington Day);
March 31^st (Cesar Chavez Day);
Last Monday in May (Memorial Day);
July 4^th;
First Monday in September (Labor Day);
Fourth Friday in September (Native American Day);
Second Monday in October (Columbus Day);
November 11^th (Veterans Day);
December 25^th;
Good Friday from 12 noon until 3 p.m.
Specifies that if the above holidays are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action.
Specifies that the above holidays, except for “Cesar Chavez Day” and “Dr. Martin Luther King, Jr. Day,” shall not apply to a city, county, or district unless made applicable by charter, or by ordinance or resolution of the governing body.
Specifies that state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, a personal holiday after six months of work, and every day appointed by the Governor for a public fast, thanksgiving, or holiday.

This bill:

Requires state employees be given time off with pay for the day after Thanksgiving, or for Yom Kippur, whichever the day is chosen by the employee.
Recognizes Yom Kippur as a state holiday.

Background

Purpose of the bill. According to the author, “California has the second largest Jewish population in the U.S. after New York and the Jewish religion is the most practiced non-Christian religion in our state. The High Holiday of Yom Kippur, the Day of Atonement, is the holiest day of the year in Judaism. The day is decreed as a strict day of rest according to Jewish tradition and observed by most Jews, even those that do not regularly attend synagogue. SB 383 looks to observe the holiest of days as it does for other Christian holidays so that those practicing Judaism can worship without worrying about work.”

Yom Kippur. Yom Kippur, also known as “Day of Atonement,” is considered the holiest day in the Jewish faith. Falling on the 10^th day of the month of Tishrei, falling anywhere from mid-September through mid-October in a Gregorian calendar, it marks the culmination of the 10 days of Awe, a period of introspection and repentance that follows Rosh Hashanah, the Jewish New Year.

According to tradition, Jews are encouraged to ask for forgiveness for sins committed during the past year. The holiday is observed with an approximate 25-hour period of fasting and prayer beginning before sunset on the evening before Yom Kippur and ending after nightfall on the day of Yom Kippur. Yom Kippur is a complete Sabbath, meaning that no work can be performed.

In 2017, Yom Kippur will begin on the evening of September 29th and end on the evening of September 30^th.

Unpaid/Paid holidays. California law does not require a private employer to provide its employees with paid holidays, that it closes its business on any holiday, or that employees be given the day off for any particular holiday. If an employer closes its business on holidays and gives its employees time off from work with pay, that occurred pursuant to a policy or practice adopted by the employer, pursuant to the terms of a collective bargaining agreement, or pursuant to the terms of an employment agreement between the employer and employee, as there is nothing in law that requires such a practice.

At the local level, cities have the liberty to specify by charter, ordinance or resolution what paid holidays the city will provide to its city employees. Similarly, most state workers are bound by the memorandum of understanding that they have negotiated with the Governor.

For all other state employees, they are entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, a personal holiday after six months of work, and every day appointed by the Governor for a public fast, thanksgiving, or holiday.

Personal holidays. California is one of, if not the most diverse state in the United States. With that diversity comes countless nationalities, religions, and cultures, all with various traditions and customs. As such, current law provides that state employees who have been working for more than six months are entitled to a personal holiday every year, which the employee can use for any reason, including Yom Kippur. This personal holiday is in addition to any vacation time the employee has accumulated. If state employees have the option of choosing between Yom Kippur and the day after Thanksgiving, it seems only fair to allow all other religious holidays to also have that option.

However, such a system might be hard to implement since most state offices close during those specified state holidays. It is unclear how a state employee, who decides to work during the day after Thanksgiving, could realistically perform such work, as it is entirely possible that their office would be closed.

In addition, if state offices are now required to be open during the day after thanksgiving to allow those state employees to work during that day, it is unclear how many state employees would have to come into work that day to allow such offices to be able to function properly and allow members of the public to use those offices. Again, state employees are already entitled to a personal holiday, in addition to vacation time, that they can use for any reason they so choose, including Yom Kippur.

Suggested amendment. As previously discussed, requiring state employees to choose between Yom Kippur and the day after Thanksgiving as a state holiday is problematic. Therefore, the author may wish to delete that portion of the bill and simply designate Yom Kippur as a state holiday. Such amendment would still elevate the significance of Yom Kippur in California.

Prior/Related Legislation

AB 674 (Low, 2017) would make the first Tuesday after the first Monday in November of each year in which a statewide or national election is held as a state holiday. (Pending in Assembly Governmental Organization Committee)

AB 1973 (Hernandez, Chapter, Statutes of 2014) established the Fourth Friday in September as a state holiday known as Native American Day.

AB 55 (Hernandez, 2013) would have recognized the 4^th Friday in September as a state holiday to be known as Native American Day. (Held in Assembly Appropriations Committee)

AB 1953 (Baca, Chapter 637, Statutes of 1998) renamed "American Indian Day" to "Native American Day" and authorized the State Board of Education to adopt a model curriculum guide related to "Native American Day."

SBX3 8 (Ducheny, Chapter 4, Statues of 2009) changed Lincoln and Columbus Day from paid holidays to unpaid holidays. Both Lincoln Day and Columbus Day remain as recognized holidays in California, but state employees are no longer compensated for a day of paid leave unless specified in existing bargaining agreements.

SB 984 (Polanco, Chapter 213, Statutes of 2000) established a paid holiday for state employees each March 31, which would be designated as “Cesar Chavez Day.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

None received

OPPOSITION:

None received

Authors shown for version:
Amended Senate (4/17/2017)

SB 383: State holidays: Yom Kippur.

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

DIGEST: This bill requires state employees be given time off with pay for the day after Thanksgiving, or for Yom Kippur, whichever the day is chosen by the employee and recognizes Yom Kippur as a state holiday.

SUPPORT: