Bill Text: CA SB461 | 2023-2024 | Regular Session | Amended

California Senate Bill 461

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Days and hours of work: religious or cultural observance.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 398, Statutes of 2023. [SB461 Detail]

Download: California-2023-SB461-Amended.html

Amended IN Assembly September 01, 2023

Amended IN Assembly June 29, 2023

Amended IN Senate May 03, 2023

Amended IN Senate March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 461

Introduced by Senator Wahab
(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)

February 13, 2023

An act to ~~amend Section 19853 of~~ add Section 19853.2 to the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 461, as amended, Wahab. 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 employee’s religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit. ~~The bill would also make nonsubstantive changes to these provisions.~~

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 unit’s collective bargaining agreement, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares that the following is a nonexhaustive list of holidays or ceremonies from various religions, cultures, and heritages that have not traditionally received official state recognition:

(a) Araw ng Kagitingan.
(b) Bandi Chhor Divas.
(c) Bonifacio Day.
(d) Cinco de Mayo.
(e) Día de los Muertos.
(f) Diwali.
(g) Dasehra.
(h) Eid al-Adha.
(i) Eid al-Fitr.
(j) Hanukkah.
(k) Janmashtami.
(l) Maha-shivaratri.
(m) Maundy Thursday.
(n) National Heroes’ Day.
(o) Navaratri.
(p) Nowroz.
(q) Passover.
(r) Raksha Bandhan.
(s) Rizal Day.
(t) Rosh Hashanah.
(u) Tết Nguyên Đán.
(v) Vaisakhi.
(w) Yom Kippur.

SEC. 2.

Section 19853.2 is added to the Government Code, to read:

19853.2.
(a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employee’s religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.
(b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining unit’s collective bargaining agreement regardless of whether a memorandum of understanding is reached.

SECTION 1.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 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, 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 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)A 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)A state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for the date corresponding with the new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” June 19, known as “Juneteenth,” or 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)A state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employee’s religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.
~~(g)Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.~~
(h)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.