CACI No. 2603. “Comparable Job” Explained

Judicial Council of California Civil Jury Instructions (2022 edition)

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2603.“Comparable Job” Explained
“Comparable job” means a job that is the same or close to the
employee’s former job in responsibilities, duties, pay, benefits, working
conditions, and schedule. It must be at the same location or a similar
geographic location.
New September 2003; Revised May 2021
Directions for Use
Give this instruction only if comparable job is an issue under the plaintiff’s CFRA
claim.
Sources and Authority
Comparable Position. Government Code section 12945.2(b)(5).
Comparable Position. Cal. Code Regs., tit. 2, § 11087(g).
“[W]hile we will accord great weight and respect to the [Fair Employment and
Housing Commission]’s regulations that apply to the necessity for leave, along
with any applicable federal FMLA regulations that the Commission incorporated
by reference, we still retain ultimate responsibility for construing [CFRA].”
(Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 994-995 [94
Cal.Rptr.2d 643].)
Secondary Sources
Chin et al., California Practice Guide: Employment Litigation, Ch. 12-B, Family and
Medical Leave Act (FMLA)/California Family Rights Act
(CFRA),¶¶ 12:1138-12:1139, 12:1150, 12:1154-12:1156 (The Rutter Group)
1 Wilcox, California Employment Law, Ch. 8, Leaves of Absence, § 8.30[1]-[2]
(Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment
Discrimination, § 115.32[6][h] (Matthew Bender)
2604-2609. Reserved for Future Use
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