On December 29, 2024, President Biden issued a Day of Mourning Proclamation (Here) followed by an Executive Order for federal offices to close on January 9, 2025 (Here).

Some school districts and other local educational agencies are asking whether schools are required to be closed on January 9, 2025, and whether classified employees are entitled to holiday pay?

In our opinion, the Proclamation does not require schools to close or provide holiday pay.

The relevant Education Code sections addressing holidays for school districts and community college districts (sections 37220, 45203, 88203 and 79020), do not reference “mourning” or “day of mourning.” Further, our State Supreme Court has recognized that in designating a national holiday, the language, tone and intent of the proclamation must be carefully considered. See CSEA v. Governing Board (1994) 8 Cal. 4th 333, 346 (“We conclude that for the presidential appointment of a holiday to occur, within the meaning of [the Education Code], it must be shown that the President’s proclamation contemplated a national holiday. As a threshold matter, the President must declare a corresponding federal holiday. Beyond this requirement, the language and tone of the proclamation must demonstrate the President’s intent to designate a national holiday.”)

Neither the express words in the Day of Mourning proclamation nor the tone demonstrate an intention to designate a national holiday. The accompanying Executive Order did not declare January 9th as a federal holiday (it provides only for the closure of executive departments and agencies of the federal government).

That said, local educational agencies should also carefully review their collective bargaining agreements with legal counsel to ensure that negotiated language is consistent with applicable law.

If you have any questions about the proclamation and its impact, please email us at Clientservices@dwkesq.com, or contact a DWK attorney in our Labor, Employment and Personnel (LEAP) practice group.