Amended IN Assembly June 29, 2023 Amended IN Senate May 03, 2023 Amended IN Senate March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 461Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)February 13, 2023An act to amend Section 19853 of the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTSB 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 religious or cultural observance, as specified, observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit. The bill would also make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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, 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) (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 employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(2)For purposes of this subdivision, a holiday or ceremony of an individuals religion, culture, or heritage includes, but is not limited to, all of the following:(A)Araw ng Kagitingan. (B)Bandi Chhor Divas.(C)Bonifacio Day.(D)Cinco de Mayo.(E)Da 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)Nowruz.(Q)Passover.(R)Raksha Bandhan.(S)Rizal Day.(T)Rosh Hashanah.(U)Tt Nguyn n.(V)Vaisakhi.(W)Yom Kippur.(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.
Amended IN Assembly June 29, 2023 Amended IN Senate May 03, 2023 Amended IN Senate March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 461Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)February 13, 2023An act to amend Section 19853 of the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTSB 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 religious or cultural observance, as specified, observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit. The bill would also make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 29, 2023 Amended IN Senate May 03, 2023 Amended IN Senate March 23, 2023
Amended IN Assembly June 29, 2023
Amended IN Senate May 03, 2023
Amended IN Senate March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 461
Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)February 13, 2023
Introduced by Senator Wahab(Coauthors: Senators Becker, Cortese, Min, Skinner, Smallwood-Cuevas, and Wiener)
February 13, 2023
An act to amend Section 19853 of the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
## 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 religious or cultural observance, as specified, observance of a holiday or ceremony of the state employees 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 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 religious or cultural observance, as specified, observance of a holiday or ceremony of the state employees religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit. The bill would also make nonsubstantive changes to these provisions.
## Digest Key
## 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, 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) (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 employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(2)For purposes of this subdivision, a holiday or ceremony of an individuals religion, culture, or heritage includes, but is not limited to, all of the following:(A)Araw ng Kagitingan. (B)Bandi Chhor Divas.(C)Bonifacio Day.(D)Cinco de Mayo.(E)Da 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)Nowruz.(Q)Passover.(R)Raksha Bandhan.(S)Rizal Day.(T)Rosh Hashanah.(U)Tt Nguyn n.(V)Vaisakhi.(W)Yom Kippur.(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.
The people of the State of California do enact as follows:
## 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, 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) (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 employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(2)For purposes of this subdivision, a holiday or ceremony of an individuals religion, culture, or heritage includes, but is not limited to, all of the following:(A)Araw ng Kagitingan. (B)Bandi Chhor Divas.(C)Bonifacio Day.(D)Cinco de Mayo.(E)Da 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)Nowruz.(Q)Passover.(R)Raksha Bandhan.(S)Rizal Day.(T)Rosh Hashanah.(U)Tt Nguyn n.(V)Vaisakhi.(W)Yom Kippur.(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.
SECTION 1. Section 19853 of the Government Code is amended to read:
### SECTION 1.
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) (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 employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(2)For purposes of this subdivision, a holiday or ceremony of an individuals religion, culture, or heritage includes, but is not limited to, all of the following:(A)Araw ng Kagitingan. (B)Bandi Chhor Divas.(C)Bonifacio Day.(D)Cinco de Mayo.(E)Da 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)Nowruz.(Q)Passover.(R)Raksha Bandhan.(S)Rizal Day.(T)Rosh Hashanah.(U)Tt Nguyn n.(V)Vaisakhi.(W)Yom Kippur.(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.
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) (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 employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(2)For purposes of this subdivision, a holiday or ceremony of an individuals religion, culture, or heritage includes, but is not limited to, all of the following:(A)Araw ng Kagitingan. (B)Bandi Chhor Divas.(C)Bonifacio Day.(D)Cinco de Mayo.(E)Da 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)Nowruz.(Q)Passover.(R)Raksha Bandhan.(S)Rizal Day.(T)Rosh Hashanah.(U)Tt Nguyn n.(V)Vaisakhi.(W)Yom Kippur.(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.
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) (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 employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.(2)For purposes of this subdivision, a holiday or ceremony of an individuals religion, culture, or heritage includes, but is not limited to, all of the following:(A)Araw ng Kagitingan. (B)Bandi Chhor Divas.(C)Bonifacio Day.(D)Cinco de Mayo.(E)Da 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)Nowruz.(Q)Passover.(R)Raksha Bandhan.(S)Rizal Day.(T)Rosh Hashanah.(U)Tt Nguyn n.(V)Vaisakhi.(W)Yom Kippur.(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.
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) (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 employees religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.
(2)For purposes of this subdivision, a holiday or ceremony of an individuals religion, culture, or heritage includes, but is not limited to, all of the following:
(A)Araw ng Kagitingan.
(B)Bandi Chhor Divas.
(C)Bonifacio Day.
(D)Cinco de Mayo.
(E)Da 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)Nowruz.
(Q)Passover.
(R)Raksha Bandhan.
(S)Rizal Day.
(T)Rosh Hashanah.
(U)Tt Nguyn n.
(V)Vaisakhi.
(W)Yom Kippur.
(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.