SB 461: Days and hours of work: religious or cultural observance.

Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.

This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.

Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination.

This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining units collective bargaining agreement, as specified.