AB1841 - State holidays: Native American Day.

Amended IN Senate August 28, 2026 Amended IN Senate August 21, 2026 Amended IN Senate August 18, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1841 Introduced by Assembly Member Ramos (Coauthors: Assembly Members Ahrens, Hadwick, Jackson, Ortega, and Zbur) February 11, 2026 An act to amend Sections 19853 and 19853.1 of, and to add Section 19853.3 to, the Government Code, relating to state holidays. LEGISLATIVE COUNSEL'S DIGEST AB 1841, as amended, Ramos. State holidays: Native American Day. Existing law entitles state employees to a paid holiday on specific days, including the 3rd Monday in February, except as specified. Existing law, in addition, authorizes state employees to elect to use 8 hours of vacation, annual leave, compensating time off, or personal holiday credit corresponding with specific dates, including the 4th Friday in September, known as “Native American Day,” as specified. This bill would, upon appropriation by the Legislature, entitle state employees to a holiday on the 4th Friday in September, known as “Native American Day,” as specified, in lieu of the above-described election. The bill would authorize any state bargaining unit to negotiate for a paid holiday on Native American Day, as specified. This bill would incorporate additional changes to Sections 19853 and 19853.1 of the Government Code proposed by AB 2017 and SB 1394 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. 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) (1) 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. (2) Upon appropriation by the Legislature, all state employees shall be entitled to a holiday on the fourth Friday in September, known as “Native American Day,” in lieu of the election described in subdivision (e). (b) If a day described 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) (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,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” June 19, known as “Juneteenth,” or the fourth Friday in September, known as “Native American Day,” except as provided in paragraph (2) of subdivision (a), 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. SEC. 1.1. Section 19853 of the Government Code is amended to read: 19853. (a) (1) 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. (2) Upon appropriation by the Legislature, all state employees shall be entitled to a holiday on the fourth Friday in September, known as “Native American Day,” in lieu of the election described in subdivision (e). (b) If a day described 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) (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,” the first day of the month of Shawwal in the Islamic lunar calendar, known as “Eid al-Fitr,” April 24, known as “Genocide Remembrance Day,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” June 19, known as “Juneteenth,” the 10th day of the month of Dhu al-Hijjah in the Islamic lunar calendar, known as “Eid al-Adha,” or the fourth Friday in September, known as “Native American Day,” except as provided in paragraph (2) of subdivision (a), in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854. For those holidays whose dates vary annually, the employee may instead make the election on the dates designated by their group. (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. SEC. 1.2. Section 19853 of the Government Code is amended to read: 19853. (a) (1) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 17, April 10, 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. (2) Upon appropriation by the Legislature, all state employees shall be entitled to a holiday on the fourth Friday in September, known as “Native American Day,” in lieu of the election described in subdivision (e). (b) If a day described 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) (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,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” June 19, known as “Juneteenth,” or the fourth Friday in September, known as “Native American Day,” except as provided in paragraph (2) of subdivision (a), 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. SEC. 1.3. Section 19853 of the Government Code is amended to read: 19853. (a) (1) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 17, April 10, 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. (2) Upon appropriation by the Legislature, all state employees shall be entitled to a holiday on the fourth Friday in September, known as “Native American Day,” in lieu of the election described in subdivision (e). (b) If a day described 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 Fri [Text truncated for display. Full text available on Congress.gov.]