California Civil Jury Instructions (CACI) (2017)

2602. Reasonable Notice of CFRA Leave

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2602.Reasonable Notice of CFRA Leave
For notice of the need for leave to be reasonable, [name of plaintiff] must
make [name of defendant] aware that [he/she] needs [family
care/medical] leave, when the leave will begin, and how long it is
expected to last. The notice can be verbal or in writing and does not
need to mention the law. An employer cannot require disclosure of any
medical diagnosis, but should ask for information necessary to decide
whether the employee is entitled to leave.
New September 2003
Sources and Authority
• Reasonable Notice Required. Government Code section 12945.2(h).
• “An employee ‘shall provide the employer with reasonable advance notice of
the need for the leave.’ ‘An employee shall provide at least verbal notice
sufficient to make the employer aware that the employee needs CFRA-
qualifying leave, and the anticipated timing and duration of the leave. The
employee need not expressly assert rights under CFRA . . . , or even mention
CFRA . . . , to meet the notice requirement; however, the employee must state
the reason the leave is needed, such as, for example, the expected birth of a
child or for medical treatment. The employer should inquire further of the
employee if it is necessary to have more information about whether CFRA
leave is being sought by the employee and obtain the necessary details of the
leave to be taken.’ ” (Gibbs v. American Airlines, Inc. (1999) 74 Cal.App.4th 1,
6–7 [87 Cal.Rptr.2d 554], quoting Cal. Code Regs., tit. 2, § 7297.4(a)(1).)
• “The employee must ‘provide at least verbal notice sufficient to make the
employer aware that the employee needs CFRA-qualifying leave, and the
anticipated timing and duration of the leave. The employer in turn is charged
with responding to the leave request “as soon as practicable and in any event no
later than ten calendar days after receiving the request.’ ” (Olofsson v. Mission
Linen Supply (2012) 211 Cal.App.4th 1236, 1241 [150 Cal.Rptr.3d 446],
internal citations omitted.)
• “That plaintiff called in sick was, by itself, insufficient to put [defendant] on
notice that he needed CFRA leave for a serious health condition.” (Avila v.
Continental Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1255 [82 Cal.Rptr.3d
440].)
• “Under the CFRA regulations, the employer has a duty to respond to the leave
request within 10 days, but clearly and for good reason the law does not specify
that the response must be tantamount to approval or denial.” (Olofsson,supra,
211 Cal.App.4th at p. 1249.)
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Secondary Sources
Chin et al., Cal. Practice Guide: Employment Litigation, Ch. 12-B, Family And
Medical Leave Act (FMLA)/California Family Rights Act (CFRA),
¶¶ 12:852–12:853, 12:855–12:857 (The Rutter Group)
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment
Discrimination, § 115.32[6][e] (Matthew Bender)
CALIFORNIA FAMILY RIGHTS ACT CACI No. 2602
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