SB1394 - State holidays: Cesar Chavez Day: Farmworkers Day.

Amended IN Assembly August 27, 2026 Amended IN Assembly June 11, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1394 Introduced by Senator Gonzalez (Coauthor: Senator Caballero) (Coauthor: Assembly Member Calderon) February 20, 2026 An act to amend Sections 37220.5, 45203, 79020, and 88203 of the Education Code, and to amend Sections 6700, 6701, 6717, 19853, and 19853.1, 19853.1 of, and to repeal Section 6731, of 6731 of, the Government Code, relating to state holidays. LEGISLATIVE COUNSEL'S DIGEST SB 1394, as amended, Gonzalez. State holidays: Cesar Chavez Day: Farmworkers Day. Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are authorized to close pursuant to a memorandum of understanding between the governing board and represented employees, including Cesar Chavez Day on March 31. Existing law entitles state employees, with specified exceptions, and authorizes certain community college and public school employees, to be given time off with pay for specified holidays, as specified. Existing law redesignates March 31 as Farmworkers Day instead of Cesar Chavez Day, and requires the Governor to annually proclaim March 31 as Farmworkers Day. This bill would remove the designation of March 31 as Cesar Chavez Day for purposes of holidays on which community colleges and public schools are authorized to close, and instead authorize community colleges and public schools to close on August 6, April 10, known as Farmworkers Day. Day, as specified. The bill would revise the provisions related to state employees, certain community college employees, and public school employees to instead apply to Farmworker Farmworkers Day, as specified. The bill would also make conforming changes to designate August 6 April 10 as Farmworkers Day, and require the Governor to annually proclaim August 6 April 10 as Farmworkers Day. Existing law designates August 26 as California Farmworker Day, and requires the Governor to annually proclaim August 26 as California Farmworker Day. This bill would repeal the provisions relating to California Farmworker Day. This bill would incorporate additional changes to Sections 45203, 79020, and 88203 of the Education Code proposed by AB 2017 to be operative only if this bill and AB 2017 are enacted and this bill is enacted last. The bill also would incorporate additional changes to Section 6700 of the Government Code proposed by AB 2017 and AB 2294 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. The bill further would incorporate additional changes to Sections 19853 and 19853.1 of the Government Code proposed by AB 1841 and AB 2017 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 37220.5 of the Education Code is amended to read: 37220.5. (a) In addition to the holidays prescribed in Section 37220, public schools may be closed on August 6, April 10, known as “Farmworkers Day,” or the appropriate Monday or Friday following or preceding that date, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close schools for that purpose. (b) On August 6 April 10 or on the day determined by the governing board, public schools and educational institutions throughout the state may include exercises, funded through existing resources, commemorating and directing attention to the history of the farm labor movement in the United States. (c) To the extent that the amendments to this section made by Senate Bill 1394 of the 2025–26 Regular Session conflict with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2027, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, those amendments shall not apply until the expiration or renewal of that collective bargaining agreement. SEC. 2. Section 45203 of the Education Code is amended to read: 45203. All probationary or permanent employees that are a part of the classified service shall be entitled to the following paid holidays provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday: January 1, February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” December 25, every day appointed by the President, or the Governor of this state, as provided for in paragraphs (11) and (12) of subdivision (a) of Section 37220 for a public fast, thanksgiving, or holiday, or any day declared a holiday under Section 1318 or 37222 for classified or certificated employees. School recesses during the Christmas, Easter, and mid-February periods shall not be considered holidays for classified employees who are normally required to work during that period. However, this shall not be construed as affecting vacation rights specified in this section. For purposes of this section, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. Regular employees of the district who are not normally assigned to duty during the school holidays of December 25 and January 1 shall be paid for those two holidays provided that they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period. When a holiday listed in this section falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of these holidays, they shall be paid compensation, or given compensating time off, for such the work, in addition to the regular pay received for the holiday, at the rate of time and one-half the employee’s regular rate of pay. The provisions of Article 3 (commencing with Section 37220) of Chapter 2 of Part 22 shall not be construed to in any way limit the provisions of this section, nor shall anything in this section be construed to prohibit the governing board from adopting separate work schedules for the certificated and the classified services, or from providing holiday pay for employees who have not been in paid status on the days specified herein. Notwithstanding the adoption of separate work schedules for the certificated and the classified services, on any schoolday during which pupils would otherwise have been in attendance but are not and for which certificated personnel receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day. In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on April 10 known as “Farmworkers Day,” a paid holiday on April 24 known as “Genocide Remembrance Day,” a paid holiday on the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” a paid holiday on August 6 known as “Farmworkers Day,” and a paid holiday on the fourth Friday in September known as “Native American Day,” provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the paid holiday. To the extent that the amendments to this paragraph made by Senate Bill 1394 of the 2025–26 Regular Session conflict with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2027, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, those amendments shall not apply until the expiration or renewal of that collective bargaining agreement. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). SEC. 2.5. Section 45203 of the Education Code is amended to read: 45203. All probationary or permanent employees that are a part of the classified service shall be entitled to the following paid holidays provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday: January 1, February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” December 25, every day appointed by the President, or the Governor of this state, as provided for in paragraphs (11) and (12) of subdivision (a) of Section 37220 for a public fast, thanksgiving, or holiday, or any day declared a holiday under Section 1318 or 37222 for classified or certificated employees. School recesses during the Christmas, Easter, and mid-February periods shall not be considered holidays for classified employees who are normally required to work during that period. However, this shall not be construed as affecting vacation rights specified in this section. For purposes of this section, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. Regular employees of the district who are not normally assigned to duty during the school holidays of December 25 and January 1 shall be paid for those two holidays provided that they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period. When a holiday listed in this section falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of these holidays, they shall be paid compensation, or given compensating time off, for such the work, in addition to the regular pay received for the holiday, at the rate of time and one-half the employee’s regular rate of pay. The provisions of Article 3 (commencing with Section 37220) of Chapter 2 of Part 22 shall not be construed to in any way limit the provisions of this section, nor shall anything in this section be construed to prohibit the governing board from adopting separate work schedules for the certificated and the classified services, or from providing holiday pay for employees who have not been in paid status on the days specified herein. Notwithstanding the adoption of separate work schedules for the certificated and the classified services, on any schoolday during which pupils would otherwise have been in attendance but are not and for which certificated personnel receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day. In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on March 31 known as “Cesar Chavez Day,” the first day of the month of Shawwal in the Islamic lunar calendar, known as “Eid al-Fitr,” a paid holiday on April 10, known as “Farmworkers Day,” a paid holiday on April 24 known as “Genocide Remembrance Day,” a paid holiday on the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” a paid holiday on the 10th day of the month of Dhu al-Hijjah in the Islamic lunar calendar, known as “Eid al-Adha,” and a paid holiday on the fourth Friday in September known as “Native American Day,” provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the paid holiday. To the extent that the amendments to this paragraph made by Senate Bill 1394 of the 2025–26 Regular Session conflict with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2027, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, those amendments shall not apply until the expiration or renewal of that collective bargaining agreement. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). SEC. 3. Section 79020 of the Education Code is amended to read: 79020. Except as otherwise provided, the community colleges shall continue in session or close on specified holidays as follows: (a) The community colleges shall close on January 1, the third Monday in January, commencing in the 1989–90 fiscal year, known as “Dr. Martin Luther King, Jr. Day,” February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” and December 25. (b) Any contractual provision between any community college district and its employees in effect on the effective date of the act that adds this subdivision shall prevail over any conflict regarding Dr. Martin Luther King, Jr. Day until the termination date of the [Text truncated for display. Full text available on Congress.gov.]