CACI No. 2603. “Comparable Job” Explained
Judicial Council of California Civil Jury Instructions (2024 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)(6).
• 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, 8.31
(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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© Judicial Council of California.
