CACI 2601 Eligibility

California Civil Jury Instructions CACI

2601 Eligibility

To show that [he/she/nonbinary pronoun] was eligible for [family care/medical] leave, [name of plaintiff] must prove all of the following:

1.That [name of plaintiff] was an employee of [name of defendant];

[2.That [name of defendant] directly employed five or more employees for a wage or salary;]

3.That at the time [name of plaintiff] [requested/began] leave, [he/she/nonbinary pronoun] had more than 12 months of service with [name of defendant] and had worked at least 1,250 hours for [name of defendant] during the previous 12 months; and

4.That at the time [name of plaintiff] [requested/began] leave [name of plaintiff] had taken no more than 12 weeks of family care or medical leave in the 12-month period [define period].

Directions for Use

The CFRA applies to employers who directly employ five or more employees (and to the state and any political or civil subdivision of the state and cities of any size). (Gov. Code, § 12945.2(b)(3).) Include element 2 only if there is a factual dispute about the number of people the defendant directly employed for a wage or salary.

Sources and Authority

Right to Family Care and Medical Leave. Government Code section 12945.2(a).

Secondary Sources

Chin et al., California Practice Guide: Employment Litigation, Ch. 12-A, Overview of Key Leave Laws, ¶ 12:32 (The Rutter Group)
Chin et al., California Practice Guide: Employment Litigation, Ch. 12-B, Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA), ¶¶ 12:87, 12:125, 12:390, 12:421, 12:1201, 12:1300 (The Rutter Group)
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment Discrimination, § 115.32[6][c] (Matthew Bender)