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).

Secondary Sources

8 Witkin, Summary of California Law (11th ed. 2017) Constitutional Law, §§ 1056–1060
Chin et al., California Practice Guide: Employment Litigation, Ch. 12-B, Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA), ¶¶ 12:311, 12::880, 12:883–12:884, 12:905, 12:915 (The Rutter Group)
1 Wilcox, California Employment Law, Ch. 8, Leaves of Absence, § 8.26 (Matthew Bender)