Indigenous Peoples’ Day is not a federal holiday. The statute that governs federal holidays, 5 U.S.C. § 6103, lists the second Monday in October as “Columbus Day,” and Congress has never amended that designation.1Office of the Law Revision Counsel. 5 USC 6103 – Holidays Some recent presidents have issued proclamations recognizing Indigenous Peoples’ Day alongside Columbus Day, but a proclamation is not a law.
What the Statute Says
Federal holidays are established by statute. The list in 5 U.S.C. § 6103 names eleven legal public holidays, and the second Monday in October appears there as Columbus Day.1Office of the Law Revision Counsel. 5 USC 6103 – Holidays Renaming it takes an act of Congress signed by the president. No such bill has become law.
The Office of Personnel Management, which administers pay and leave for federal workers, follows the statute literally. OPM’s 2026 schedule lists Columbus Day on Monday, October 12, and the agency’s published policy states that it refers to holidays “by the names designated in the law.”2U.S. Office of Personnel Management. Federal Holidays Even in years when a president proclaims the day as Indigenous Peoples’ Day, federal pay stubs and personnel records still reflect the statutory name.
Why Presidential Proclamations Don’t Change the Answer
Between 2021 and 2024, the Biden administration issued annual proclamations recognizing Indigenous Peoples’ Day on the same date as Columbus Day, honoring tribal sovereignty and the contributions of Native communities.3The American Presidency Project. Proclamation 10839 – Indigenous Peoples Day, 2024 The proclamations carried symbolic weight but changed no statute.
A proclamation expires with the occasion it marks. Unlike a law, which stays in force until repealed, a proclamation has to be reissued each year. That is exactly what changed in October 2025, when the Trump administration issued only a Columbus Day proclamation and made no reference to Indigenous Peoples’ Day. The federal recognition simply lapsed because nothing in law required it to continue.
What Closes on the Second Monday in October
The name in the statute does not change what shuts down. Federal offices close. Post offices are dark and regular mail delivery stops. Federal courts suspend proceedings, and agencies such as the Social Security Administration pause in-person services and administrative hearings.2U.S. Office of Personnel Management. Federal Holidays
The Federal Reserve treats it as a bank holiday, so Fed-operated payment systems shut down. Most banks follow that calendar, meaning branches close and wire transfers and ACH deposits do not process.4Federal Reserve Bank Services. Holiday Schedules The stock markets are a notable exception. The New York Stock Exchange and NASDAQ keep regular hours, so brokerage accounts are fully active even while banks are closed.5NYSE. Holidays and Trading Hours
One boundary worth naming: federal holiday law reaches federal employees, not the private sector. The Fair Labor Standards Act does not require private employers to close, to grant time off, or to pay a premium for holiday work. Any holiday pay from a private employer is a matter of company policy.6U.S. Department of Labor. Holiday Pay
States and Cities Are a Different Story
While federal law holds to Columbus Day, a growing number of state and local governments have adopted Indigenous Peoples’ Day on their own. As of 2025, seventeen states plus the District of Columbia officially honor Native Americans on the second Monday in October.7USAGov. American Holidays Some replaced Columbus Day; others recognize both.
State recognition has operational consequences. When a state designates Indigenous Peoples’ Day as a state holiday, its offices, courthouses, and DMV branches close under that name, and public school districts often follow suit. The same Monday can carry a different name depending on which level of government you are dealing with.
Where the Legislation Stands
Bills to rename the federal holiday have been introduced but have not moved. In the 118th Congress, H.R. 5822, the Indigenous Peoples’ Day Act, proposed replacing Columbus Day with Indigenous Peoples’ Day throughout federal law. It was referred to committee and never received a vote.8Congress.gov. H.R.5822 – 118th Congress (2023-2024) – Indigenous Peoples Day Act In the 119th Congress, H.Res. 809 expresses support for the designation but is a non-binding resolution, not a bill that would amend the statute.9Congress.gov. H.Res.809 – 119th Congress – Expressing Support for the Designation of the Second Monday in October 2025 as Indigenous Peoples Day
Until a bill amending 5 U.S.C. § 6103 clears both chambers and is signed, the statutory name stays Columbus Day, and any federal recognition of Indigenous Peoples’ Day depends on whichever administration is in office that October.