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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-17</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Haney</ns0:AuthorText>
<ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_OPPOSITE">(Principal coauthor: Senator Wahab)</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Haney</ns0:Name>
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<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Wahab</ns0:Name>
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<ns0:Title> An act to amend Section 135 of the Code of Civil Procedure, to amend Sections 37220.7, 45203, 48205, 79020, and 88203 of the Education Code, and to amend Sections 6700, 19853, and 19853.1 of the Government Code, relating to state holidays.</ns0:Title>
<ns0:RelatingClause>state holidays</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>State holidays: Eid.</ns0:Subject>
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<html:p>Existing law designates specific days as holidays in this state. Existing law adopts state holidays as judicial holidays, with certain exceptions, including Admission Day and Columbus Day. 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 “Native American Day” on the 4th Friday in September.</html:p>
<html:p>This bill would add “Eid al-Fitr” and “Eid al-Adha” to the list of state holidays. The bill would exclude “Eid al-Fitr” and “Eid al-Adha” from designation as judicial holidays. The bill would authorize community colleges and public schools to close on “Eid al-Fitr” and “Eid al-Adha,” as specified.</html:p>
<html:p>Existing law, notwithstanding the requirement that each person
between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence for justifiable personal reasons including, but not limited to, observance of a holiday or ceremony of the pupil’s religion, if the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative, as specified.</html:p>
<html:p>This bill would add an absence for purposes of observing “Eid al-Fitr” or “Eid al-Adha” to the list of required excused absences. To the extent the bill would impose additional duties on school officials, the bill would impose a state-mandated local program.</html:p>
<html:p>Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays. 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 specified dates.</html:p>
<html:p>This bill would, similarly, authorize state employees to elect to use 8 hours of vacation, annual leave, compensating time off, or personal holiday credit corresponding with “Eid al-Fitr” or “Eid al-Adha,” as specified.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 135 of the
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is amended to read:
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<ns0:Num>135.</ns0:Num>
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<html:p>Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, except the date corresponding with the second 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,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” April 24, known as “Genocide Remembrance Day,” the 10th day of the month of Dhu al-Hijjah in
the Islamic lunar calendar, known as “Eid al-Adha,” September 9, known as “Admission Day,” the second Monday in October, known as “Columbus Day,” and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. If a judicial holiday falls on a Saturday or a Sunday, the Judicial Council may designate an alternative day for observance of the holiday. Every Saturday and the day after Thanksgiving Day are judicial holidays. Officers and employees of the courts shall observe only the judicial holidays established pursuant to this section.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 37220.7 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>37220.7.</ns0:Num>
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(a)
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In addition to the holidays prescribed in Section 37220, public schools may be closed on 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,” the 10th day of the month of Dhu al-Hijjah in the Islamic lunar calendar, known as “Eid al-Adha,” and the fourth Friday in September, known as “Native American Day,” 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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
On the fourth Friday in September, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, commemorating and directing attention to the many contributions that Native Americans have made to this country. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Native American Day.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
On April 24, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded
through existing resources, remembering and honoring the many contributions that survivors of genocide have made to this country. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Genocide Remembrance Day.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
On the 15th day of the month of Kartik in the Hindu lunar calendar of each year, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, acknowledging and celebrating the meaning and importance of Diwali. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Diwali.
</html:p>
<html:p>
(e)
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On the first day of the month of Shawwal and the 10th day of the month of Dhu al-Hijjah in the Islamic lunar calendar, known as “Eid al-Fitr” and “Eid al-Adha” respectively, or if schools are closed on those dates as specified in subdivision (a), on alternate dates determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, acknowledging and celebrating the meaning and importance of Eid al-Fitr and Eid al-Adha. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Eid al-Fitr and Eid al-Adha.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 45203 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>45203.</ns0:Num>
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<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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 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.</html:p>
<html:p>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.</html:p>
<html:p>In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on the first day of the month of Shawwal in the Islamic lunar calendar, known as “Eid al-Fitr,” a paid holiday on March 31 known as “Cesar Chavez 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.</html:p>
<html:p>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).</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 48205 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>48205.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Due to quarantine under the direction of a county or city health officer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of having medical, dental, optometrical, or chiropractic services rendered.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of attending the funeral services or grieving the death of either a member of the pupil’s immediate family, or of a person that is determined by the pupil’s parent or guardian to be in
such close association with the pupil as to be considered the pupil’s immediate family, so long as the absence is not more than five days per incident.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of jury duty in the manner provided for by law.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit
organization, when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
For purposes of observing the first day of the month of Shawwal in the Islamic lunar calendar, known as “Eid al-Fitr,” or the 10th day of the month of Dhu al-Hijjah in the Islamic lunar calendar, known as “Eid al-Adha.”
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
For purposes of serving as a member of
a precinct board for an election pursuant to Section 12302 of the Elections Code.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
For purposes of spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
For purposes of attending the pupil’s naturalization ceremony to become a United States citizen.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
For purposes of participating in a cultural ceremony or event.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, has died, so long as the absence is not more than three days per incident.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
To access services from a victim services organization or agency.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
To access grief support services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, including, but not
limited to, temporary or permanent relocation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Due to the pupil’s participation in military entrance processing.
</html:p>
<html:p>
(16)
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Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Absences pursuant to this section are deemed to be
absences in computing average daily attendance and shall not generate state apportionment payments.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A “civic or political event” includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Cultural” means relating to the practices, habits, beliefs, and traditions of a certain group of people.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Immediate family” means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Victim services organization or agency” has the same meaning as defined in subdivision (j)
of Section 12945.8 of the Government Code.
</html:p>
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<ns0:BillSection id="id_5E153407-DED8-4F51-8A97-83CF0F60A124">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 79020 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E2677B21-778E-4F66-8D69-60FCBE6E5439">
<ns0:Num>79020.</ns0:Num>
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<ns0:Content>
<html:p>Except as otherwise provided, the community colleges shall continue in session or close on specified holidays as follows:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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 contract or upon termination by mutual agreement of the parties, whichever occurs first.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Governor in appointing any other day for a public fast, thanksgiving, or holiday may provide whether the community colleges shall close on the day. If the Governor does not provide whether the community colleges shall close, they shall continue in session on all special or limited holidays appointed by the Governor, but shall close on all other days appointed by the Governor for a public fast, thanksgiving, or holiday.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The community colleges shall close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The community colleges shall continue in session on all legal holidays other than those designated by or pursuant to this section, and shall hold proper exercises commemorating the day.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
When any of the holidays on which the schools would be closed fall on Sunday, the community colleges shall close on the Monday following, except that (1) if Lincoln Day falls on a Sunday, the community colleges may observe this holiday on the preceding or following Friday, the
following Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable, or (2) if Lincoln Day falls on a Monday, the community colleges may observe this holiday on the preceding or following Friday, that Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
When any of the holidays on which the schools would be closed, except Lincoln Day, fall on Saturday, the community colleges shall close on the preceding Friday, and that Friday shall be declared a state holiday.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If any holiday on which the community colleges are required to close pursuant to subdivision (a) occurs under federal law on a date different than the date specified in subdivision (a), the governing board of any community college district may close the community colleges of the district on the date
recognized by federal law and maintain classes on the date specified in subdivision (a).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
When Veterans Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Wednesday, the governing board of a community college district may close the colleges on either the preceding Monday or the following Friday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Thursday, the governing board of a community college district may close the colleges on the following Friday, and maintain classes on the date specified in subdivision (a).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
When Lincoln Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, the
preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate. When Lincoln Day would fall on Wednesday, the governing board of a community college district may close the colleges on the preceding Monday, the preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day would fall on Thursday, the governing board of a community college district may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day falls on Saturday, the governing board of a community college district may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
In addition to the holidays specified in subdivision (a), a community college may close on March 31, known as
“Cesar Chavez Day,” 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 the community college for that purpose.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
In addition to the holidays specified in subdivision (a), a community college may close on 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,” the 10th day of the month of Dhu al-Hijjah in the Islamic lunar calendar, known as “Eid al-Adha,”
and the fourth Friday in September, known as “Native American Day,” 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 the community college for that purpose.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
In addition to the holidays specified in subdivision (a), Glendale Community College may close on April 24, known as “Genocide Remembrance Day,” 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 the community college for that purpose.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a community college may replace closing on February 12, Lincoln Day, or the third Monday in February, Washington Day, with the date corresponding with the
second 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,” if the governing board of the community college district, 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 the community college for that purpose. When Lunar New Year falls on another holiday, the community college shall observe Lunar New Year on a preceding or following weekday.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
This section shall not be interpreted as authorizing a community college district governing board to maintain community colleges in its district for a lesser number of days during the college year than the minimum established by law.
</html:p>
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<ns0:BillSection id="id_11FC2491-876F-4844-AE0D-C6D605BF5A44">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 88203 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3EF3F268-5FDD-4087-8751-FB8D113B6E2C">
<ns0:Num>88203.</ns0:Num>
<ns0:LawSectionVersion id="id_55BF82FA-3259-4E53-BA51-843CFBD36F75">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All probationary or permanent employees who are part of the classified service shall be entitled to the following paid holidays if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
January 1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
February 12 known as “Lincoln Day.”
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The third Monday in February known as “Washington Day.”
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The last Monday in May known as “Memorial Day.”
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
July 4.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The first Monday in September known as “Labor Day.”
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
November 11 known as “Veterans Day.”
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
That Thursday in November proclaimed by the President as “Thanksgiving Day.”
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
December 25.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Every day appointed by the President, or the Governor of this state, as provided for in subdivisions (c) and (d) of Section 79020 for a public fast, thanksgiving, or holiday.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Any day declared a holiday under Section 1318 for classified or academic employees.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
College recesses during the Christmas and Easter periods shall not be considered holidays for classified employees who are normally required to work
during that period; provided, however, that this shall not be construed as affecting vacation rights specified in this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Regular employees of the community college district who are not normally assigned to duty during the community college holidays of December 25 and January 1 shall be paid for those two holidays if they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 the holidays listed in this section, they shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half their regular rate of pay.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Article 3 (commencing with Section 79020) of Chapter 8 of Part 48 shall not be construed to in any way limit this section, nor shall anything in this section be construed to prohibit the governing board of a community college district from adopting separate work schedules for the academic and the classified services, or from providing holiday pay for employees
who have not been in paid status on the days specified in this section. Notwithstanding the adoption of separate work schedules for the academic and the classified services, on any schoolday during which students would otherwise have been in attendance, but are not and for which faculty receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on
the first day of the month of Shawwal in the Islamic lunar calendar, known as “Eid al-Fitr,” a paid holiday on March 31 known as “Cesar Chavez 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,” if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board of the community college district, 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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In lieu of a paid holiday on February 12, Lincoln Day, or the third Monday in February, Washington Day, as specified in this section, the classified service shall be entitled to a paid holiday on the date corresponding to the Lunar New Year holiday selected pursuant to subdivision (n) of Section 79020, if they are in a paid status during any portion of the working day immediately preceding or succeeding the Lunar New Year holiday, if the governing board of the community college district, 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 replacement holiday pursuant to subdivision (n) of Section 79020.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).
</html:p>
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<ns0:BillSection id="id_85A3C463-767D-49C9-BA02-1D426945C326">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 6700 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_8BC8E524-6C39-4877-86E9-C6D4D98B5FF5">
<ns0:Num>6700.</ns0:Num>
<ns0:LawSectionVersion id="id_017B0DF9-3FB2-428D-B42F-3188F3495C5A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The holidays in this state are:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Every Sunday.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
January 1.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The date corresponding with the second 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.”
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
February 12, known as “Lincoln Day.”
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The third Monday in February.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The first day of the month of Shawwal in the Islamic lunar calendar, known as “Eid al-Fitr.”
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
March 31, known as “Cesar Chavez Day.”
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
April 24, known as “Genocide Remembrance Day.”
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali.”
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The 10th day of the month of Dhu al-Hijjah in the Islamic lunar calendar, known as “Eid al-Adha.”
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The last Monday in May.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
June 19, known as “Juneteenth.”
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
July 4.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
The first Monday in September.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
September 9, known as “Admission Day.”
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
The fourth Friday in September, known as “Native American Day.”
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
The second Monday in October, known as
“Columbus Day.”
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
November 11, known as “Veterans Day.”
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
December 25.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Good Friday from 12 noon until 3 p.m.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Except for the Thursday in November appointed as Thanksgiving Day, this paragraph and paragraphs (3), (4), and (7) shall not apply to a city, county, or district unless made applicable by charter, or by ordinance or resolution of the governing body thereof.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If this section is in conflict with the provisions of a memorandum of understanding reached pursuant
to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
</html:p>
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<ns0:Num>SEC. 8.</ns0:Num>
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Section 19853 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_83F693AF-E663-473C-A29C-AC70F7A09605">
<ns0:Num>19853.</ns0:Num>
<ns0:LawSectionVersion id="id_5766307C-9FA3-4933-86BF-FC83F1DC7F7A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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,” in lieu of
receiving eight hours of personal holiday credit in accordance with Section 19854.
</html:p>
<html:p>
(2)
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Any state employee, as defined in subdivision (c) of Section 3513, may instead make the election described in paragraph (1) for the holidays of Eid al-Fitr and Eid al-Adha on the dates that their religious group designates for those holidays.
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<html:p>
(f)
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Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.
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<html:p>
(g)
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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.
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<ns0:Num>SEC. 9.</ns0:Num>
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Section 19853.1 of the
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is amended to read:
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<ns0:Num>19853.1.</ns0:Num>
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<html:p>
(a)
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Notwithstanding Section 19853, this section shall apply to state employees in State Bargaining Unit 5.
</html:p>
<html:p>
(b)
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Except as provided in subdivision (c), all 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, the day after Thanksgiving, December 25, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.
</html:p>
<html:p>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. Any 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 be paid compensation or given compensating time off for that work in accordance with their classification’s assigned workweek group.</html:p>
<html:p>
(c)
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If the provisions of subdivision (b) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
</html:p>
<html:p>
(d)
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Any employee who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not a member of the civil service, is entitled to the following holidays, with pay, in addition to any official state holiday appointed by the Governor:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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, and December 25.
</html:p>
<html:p>
(2)
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When November 11 falls on a Saturday, employees shall be entitled to the preceding Friday as a holiday with pay.
</html:p>
<html:p>
(3)
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When a holiday, other than a personal holiday, falls on a Saturday, an employee shall, regardless of whether the employee works on the holiday, accrue only an additional eight hours of personal holiday credit per fiscal year for the holiday. The holiday credit shall
be accrued on the actual date of the holiday and shall be used within the same fiscal year.
</html:p>
<html:p>
(4)
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When a holiday other than a personal holiday falls on Sunday, employees shall be entitled to the following Monday as a holiday with pay.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Employees who are required to work on a holiday shall be entitled to pay or compensating time off for this work in accordance with their classification’s assigned workweek group.
</html:p>
<html:p>
(6)
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Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.
</html:p>
<html:p>
(e)
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(1)
<html:span class="EnSpace"/>
Any employee, as defined in subdivision (c) of Section 3513, may elect to
use eight hours of vacation, annual leave, or compensating time off consistent with departmental operational needs and collective bargaining agreements for the date corresponding with the second 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,” and the fourth Friday in September, known as “Native American Day.”
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any employee, as defined in subdivision (c) of Section 3513, may instead make the election described in paragraph (1), consistent with departmental operational needs and collective bargaining agreements, for the holidays of Eid al-Fitr and Eid al-Adha on the dates that their religious group designates for those holidays.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become effective with regard to the March 31 holiday only when the Department of Human Resources notifies the Legislature that the language contained in this section has been agreed to by all exclusive representatives, and the Department of Human Resources authorizes this holiday to be applied to employees designated as excluded from the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title 1), and the necessary statutes are amended to reflect this
change.
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<ns0:BillSection id="id_FBA19755-9AE9-4106-A205-85BD3C214C1F">
<ns0:Num>SEC. 10.</ns0:Num>
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<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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