CACI No. 2601. Eligibility
Judicial Council of California Civil Jury Instructions (2020 edition)Download PDF
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] employed 50 or more employees within
75 miles of [name of plaintiff]’s workplace;
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].
New September 2003; Revised June 2011
Sources and Authority
• Right to Family Care and Medical Leave. Government Code section 12945.2(a).
• “Employer” Defined. Government Code section 12945.2(c)(2).
• Limitation on Scope. Government Code section 12945.2(b).
Chin et al., Cal. Practice Guide: Employment Litigation, ¶¶ 12:32, 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[c] (Matthew Bender)
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