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 Bill Text - AB-989 State holidays: Native American Day.

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 |Add To My Favorites |Track Bill | Version: 02/20/25 - Introduced

 AB-989 State holidays: Native American Day.(2025-2026)

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 Date Published: 02/20/2025 09:00 PM

AB989:v99#DOCUMENTBill Start

 Revised
 April 23, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 989

Introduced by Assembly Member Ramos
(Principal coauthor: Senator Cervantes)
(Coauthors: Assembly Members McKinnor and Nguyen)

February 20, 2025

 An act to amend Sections 19853 and 19853.1 of the Government Code, relating to state holidays. 

LEGISLATIVE COUNSEL'S DIGEST

AB 989, as introduced, Ramos.
 State holidays: Native American Day.

Existing law includes the 4th Friday in September, known as “Native American Day,” as a state holiday.

This bill would provide that the 4th Friday in September, known as “Native American Day,” is a paid holiday for state employees, as specified.

Digest Key

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

Bill Text

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

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, the fourth Friday in September, known as “Native American Day,” 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 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.

(c) (1) 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.

(2) Notwithstanding paragraph (1), an employee who is excluded from the definition of “state employee” in subdivision (c) of Section 3513 and who is required to work on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day, or December 25 shall be subject to the following:

(A) Excluded employees who are eligible for overtime payments under the federal Fair Labor Standards Act shall be paid one and one-half times their salary rate for
 all hours worked on the holiday and up to eight hours of holiday credit. This pay shall count toward any premium overtime compensation earned during the same workweek. Part-time employees shall receive prorated amounts subject to department rules.

(B) Excluded employees who are ineligible for overtime payments under the federal Fair Labor Standards Act shall receive up to eight hours of holiday credit and four hours of informal time off. Part-time employees shall receive prorated amounts of holiday credit and informal time off, subject to department rules.

(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 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,” or 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) 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 amend