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The employee must provide at least three weeks’ notice that the employee intends to take November 11 as a holiday.
February 20, 2023
Last week Sen. Bob Archuleta (D-Pico Rivera) introduced Senate Bill 855 to prohibit veterans from working on Veterans Day. Current state law, the California Fair Employment and Housing Act (FEHA), prohibits employers in this state from discriminating against employees who have certain characteristics, including veteran or military status.
SB 855 would make it an unlawful employment practice for an employer to require an employee who is a veteran to work on Veterans Day if three requirements are met.
First, the employee must provide at least three weeks’ notice that the employee intends to take November 11 as a holiday. Second, the employee must provide his or her employer with proof of the employee’s status as a veteran. Third, the employee’s absence on November 11 does not negatively impact public health or safety or cause the employer significant economic or operational disruption.
In addition, if an eligible employee is denied November 11 as a holiday, then the employee is entitled to choose another day to observe Veterans Day, subject to employer approval. The term “veteran” is defined. The California Civil Rights Department is required to adopt regulations to implement this new law.
Archuleta, a veteran himself, told HMG-CN, “To honor the service and sacrifice of military families, I introduced SB 855 to celebrate veterans for their love of country and willingness to serve. SB 855 will ensure veterans have the ability to take the entirety of Veterans Day off as a non-paid holiday. Every veteran deserves the right to have Veterans Day off to honor our Nation’s veterans who have given so much to protect our freedoms and freedom of others around the globe.”
