CACI 2610 Affirmative Defense—No Certification From Health-Care Provider
California Civil Jury Instructions CACI
2610 Affirmative Defense—No Certification From Health-Care Provider
[Name of defendant] claims that [he/she/nonbinary pronoun/it] denied [name of plaintiff]’s request for leave because [he/she/nonbinary pronoun] did not provide a health-care provider’s certification of [his/her/nonbinary pronoun] need for leave. To succeed, [name of defendant] must prove both of the following:
1.That [name of defendant] told [name of plaintiff] in writing that [he/she/nonbinary pronoun/it] required written certification from [name of plaintiff]’s health-care provider to [grant/extend] leave; and
2.That [name of plaintiff] did not provide [name of defendant] with the required certification from a health-care provider [within the time set by [name of defendant] or as soon as reasonably possible].
Directions for Use
The time set by the defendant described in element 2 must be at least 15 days.
Sources and Authority
•Certification of Health Care Provider. Government Code section 12945.2(j).
•Certification of Health Care Provider: Child Care. Government Code section 12945.2(i).
•Certification of Health Care Provider: Return to Work. Government Code section 12945.2(j)(4).
•“Health Care Provider” Defined. Government Code section 12945.2(b)(9).
•Notice and Certification. Cal. Code Regs., tit. 2, § 11088(b).