Section 45203 Of Article 4. Resignation And Leaves Of Absence From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 4.
45203
. All probationary or permanent employees that are a part of
the classified service shall be entitled to the following paid
holidays provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (b) and (c) of Section 37220 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 or 37222 for classified or certificated employees.
School recesses during the Christmas, Easter, and mid-February
periods shall not be considered holidays for classified employees who
are normally required to work during that period. However, this
shall not be construed as affecting vacation rights specified in this
section.
Regular employees of the district who are not normally assigned to
duty during the school holidays of December 25 and January 1 shall
be paid for those two holidays provided that they were in a paid
status during any portion of the working day of their normal
assignment immediately preceding or succeeding the holiday period.
When a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday listed in this section falls on a Saturday,
the preceding Friday shall be deemed to be the holiday in lieu of
the day observed. When a classified employee is required to work on
any of these holidays, he or she shall be paid compensation, or given
compensating time off, for such work, in addition to the regular pay
received for the holiday, at the rate of time and one-half the
employee's regular rate of pay.
The provisions of Article 3 (commencing with Section 37220) of
Chapter 2 of Part 22 shall not be construed to in any way limit the
provisions of this section, nor shall anything in this section be
construed to prohibit the governing board from adopting separate work
schedules for the certificated and the classified services, or from
providing holiday pay for employees who have not been in paid status
on the days specified herein. Notwithstanding the adoption of
separate work schedules for the certificated and the classified
services, on any schoolday during which pupils would otherwise have
been in attendance but are not and for which certificated personnel
receive regular pay, classified personnel shall also receive regular
pay whether or not they are required to report for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day," and a paid holiday on the fourth Friday
in September known as "Native American Day," provided they are in a
paid status during any portion of the working day immediately
preceding or succeeding the holiday, if the governing board, pursuant
to a memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).