SB 855 Prohibits Veterans from Working on Veterans Day

On February 17, 2023, Senate Bill 855 by Sen. Bob Archuleta (D-Pico Rivera) was introduced to prohibit veterans from working on Veterans Day. SB 855 would add Government Code Section 12953.5. 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 November 11, known as “Veterans Day,” and a state holiday 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.