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SB-855 Fair Employment and Housing Act: veterans.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
SB855:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 855


Introduced by Senator Archuleta

February 17, 2023


An act to add Section 12953.5 to the Government Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 855, as introduced, Archuleta. Fair Employment and Housing Act: veterans.
Existing law, the California Fair Employment and Housing Act, prohibits an employer from discriminating against an employee on account of certain characteristics, including a person’s veteran or military status. The act prescribes various unlawful employment practices and requires the Civil Rights Department to, among other things, receive, investigate, and prosecute complaints alleging violations of those unlawful practices.
This bill would make it an unlawful employment practice to require an employee who is a veteran, as defined, to work on November 11, known as Veterans Day, if specified conditions are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12953.5 is added to the Government Code, immediately following Section 12953, to read:

12953.5.
 (a) It is an unlawful employment practice for an employer to require an employee who is a veteran to work on November 11, known as “Veterans Day,” and a state holiday pursuant to Section 6700, provided all of the following requirements are met:
(1) At least 21 days before November 11, the employee provides the employer notice that the employee intends to take November 11 as a holiday.
(2) The employee provides the employer with proof of the employee’s veteran status. Proof may include, but is not limited to, a DD Form 214 or other comparable certificate of discharge from the Armed Forces.
(3) The employee’s absence on November 11, either alone or in combination with other veteran employees’ absences pursuant to this section, does not negatively impact public health or safety or cause the employer significant economic or operational disruption, as determined by regulations promulgated pursuant to subdivision (e).
(b) An employee otherwise eligible to take November 11 as a holiday pursuant to this section but who is denied by reason of paragraph (3) of subdivision (a) is entitled to choose, with the employer’s approval, an alternate day within the next full year on which to observe Veterans Day in honor of the employee’s service.
(c) This section does not require or prevent an employer from providing their employees with a paid holiday in observation of Veterans Day.
(d) For purposes of this section, “veteran” means any of the following:
(1) A former member of the United States Armed Forces.
(2) A former or current member of a reserve of the United States Armed Forces who has been called into active military service of the United States.
(3) A former or current member of a California National Guard unit who has been called into active military service of the United States.
(e) The Civil Rights Department shall adopt regulations implementing this section.