CACI 2603 Comparable Job Explained

California Civil Jury Instructions CACI

2603 “Comparable Job” Explained

“Comparable job” means a job that is the same or close to the employee’s former job in responsibilities, duties, pay, benefits, working conditions, and schedule. It must be at the same location or a similar geographic location.

Directions for Use

Give this instruction only if comparable job is an issue under the plaintiff’s CFRA claim.

Sources and Authority

Comparable Position. Government Code section 12945.2(b)(5).

Comparable Position. Cal. Code Regs., tit. 2, § 11087(g).

“[W]hile we will accord great weight and respect to the [Fair Employment and Housing Commission]’s regulations that apply to the necessity for leave, along with any applicable federal FMLA regulations that the Commission incorporated by reference, we still retain ultimate responsibility for construing [CFRA].” (Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 994–995 [94 Cal.Rptr.2d 643].)

Secondary Sources

Chin et al., California Practice Guide: Employment Litigation, Ch. 12-B, Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA),¶¶ 12:1138–12:1139, 12:1150, 12:1154–12:1156 (The Rutter Group)
1 Wilcox, California Employment Law, Ch. 8, Leaves of Absence, § 8.30[1]–[2] (Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment Discrimination, § 115.32[6][h] (Matthew Bender)