California Civil Jury Instructions (CACI)

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.

Sources and Authority

Government Code section 12945.2(h) provides: "If the employee's need for a leave . . . is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave."

"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], internal citation omitted.)

Secondary Sources

11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment Discrimination, § 115.32[6][e] (Matthew Bender)

(New September 2003)