CACI 2611 Affirmative Defense—Fitness for Duty Statement
California Civil Jury Instructions CACI
2611 Affirmative Defense—Fitness for Duty Statement
[Name of defendant] claims that [he/she/nonbinary pronoun/it] refused to return [name of plaintiff] to work because [he/she/nonbinary pronoun] did not provide a written statement from [his/her/nonbinary pronoun] health-care provider that [he/she/nonbinary pronoun] was fit to return to work. To succeed, [name of defendant] must prove both of the following:
1.That [name of defendant] has a uniformly applied practice or policy that requires employees on leave because of their own serious health condition to provide a written statement from their health-care provider that they are able to return to work; and
2.That [name of plaintiff] did not provide [name of defendant] with a written statement from [his/her/nonbinary pronoun] health-care provider of [his/her/nonbinary pronoun] fitness to return to work.
Sources and Authority
•Certification on 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).