The Overview

If you work for the state of California, you could soon get a paid day off on the fourth Friday of September. California's Assembly Bill 1841, which makes Native American Day a paid state holiday, became law after Gov. Gavin Newsom (D) signed it Sept. 25. ​

Under existing state law, state employees could already choose to take Native American Day off by using 8 hours of vacation, annual leave, compensating time off, or personal holiday credit; the new law upgrades that to an actual paid holiday, contingent on the Legislature appropriating funds. Separately, The Associated Press describes Indigenous Peoples Day as a way to recognize Indigenous history, including dispossession and violence.

What the Law Does

The law amends the Government Code sections that govern state employee holidays, replacing the existing option to elect Native American Day off with an outright entitlement to a paid holiday on the fourth Friday in September, once the Legislature appropriates the money. That distinction matters: under the old rules, taking the day off cost an employee a vacation or personal leave day; under the new law, it costs nothing, the same as any other state holiday.

The law also allows any state employee bargaining unit to negotiate for Native American Day as a paid holiday. Because the holiday provisions take effect only upon a separate legislative appropriation, the paid holiday is not automatic on signing.

Legislative Status

Asm. James Ramos (D-CA-45) authored the bill, with co-authors Asm. Patrick Ahrens (D-CA-26), Asm. Hadwick, Asm. Corey Jackson (D-CA-60), Asm. Liz Ortega (D-CA-20), and Asm. Rick Zbur (D-CA-51).

The Assembly passed the bill by a vote of 76 to 0 on May 26. The upper chamber voted 14 to 0 on June 23 to pass it, with a motion to first re-refer it to the Committee on Appropriations. Every recorded vote was unanimous, with no member voting against the bill at any stage.

Ramos thanked Newsom in a Facebook post that linked to a KTLA story on the signing: "On California Native American Day, I thank Governor Newsom for partnering with California's First People."

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