CACI No. 2630. Violation of New Parent Leave Act - Essential Factual Elements (Gov. Code, § 12945.6)

Judicial Council of California Civil Jury Instructions (2020 edition)

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2630.Violation of New Parent Leave Act - Essential Factual
Elements (Gov. Code, § 12945.6)
[Name of plaintiff] claims that [name of defendant] refused to [grant [him/
her/nonbinary pronoun] parental leave/return [him/her/nonbinary pronoun]
to the same or a comparable job when [his/her/nonbinary pronoun]
parental leave ended]. To establish this claim, [name of plaintiff] must
prove all of the following:
1. That [name of defendant] employs at least 20 employees within 75
miles of the site where [name of plaintiff] worked;
2. That [name of plaintiff] worked for [name of defendant] for more
than a year, and for at least 1,250 hours during the previous 12
months;
3. That [name of plaintiff] requested leave to bond with a new child
within one year of the child’s [birth/adoption/foster care
placement];
4. That [name of defendant] refused to [grant [name of plaintiff]’s
request for parental leave/return [name of plaintiff] to the same or
a comparable job when [his/her/nonbinary pronoun] parental leave
ended];
5. That [name of plaintiff] was harmed; and
6. That [name of defendant]’s refusal was a substantial factor in
causing [name of plaintiff]’s harm.
[If before the leave began, [name of defendant] did not guarantee [name of
plaintiff] employment in the same or a comparable position on return
from the leave, then [name of defendant] is considered to have refused to
grant [name of plaintiff]’s request for parental leave.]
New May 2018
Directions for Use
The New Parent Leave Act (Gov. Code, § 12945.6) extends some of the rights
provided to employees by the California Family Rights Act (CFRA; Gov. Code,
§ 12945.2) to employees of employers with 20 or more employees. (See Gov. Code,
§ 12945.6(a)(1); cf. Gov. Code, § 12945.2(b) [CFRA applies to employers with 50
or more employees].). The New Parent Leave Act allows employees to take up to
12 weeks of parental leave to bond with a new child within one year of the child’s
birth, adoption, or foster care placement. The act also requires the employer, before
the leave begins, to guarantee employment in the same or a comparable position on
the termination of the leave. (Gov. Code, § 12945.6(a)(1).) The employer must
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maintain the employee’s health care coverage during the leave. (Gov. Code,
§ 12945.6(a)(2).)
Elements 1 and 2 set forth the eligibility requirements for employer and employee
under the act. (See Gov. Code, § 12945.6(a)(1).) These elements may be omitted if
there are no disputed facts over the act’s applicability to the parties.
For an instruction that can be modified for use for a claim of retaliation under the
New Parent Leave Act (see Gov. Code, § 12945.6(h)), see CACI No. 2620, CFRA
Rights Retaliation - Essential Factual Elements.
Sources and Authority
• New Parent Leave Act. Government Code section 12945.6.
Secondary Sources
8 Witkin, Summary of California Law (11th ed. 2017) Constitutional Law, §§ 1060,
1061
Chin et al., California Practice Guide: Employment Litigation, Ch. 12-A, Overview
Of Key Statutes, ¶ 12:32 (The Rutter Group)
Chin et al., California Practice Guide: Employment Litigation, Ch. 12-B, Family
And Medical Leave Act (FMLA)/California Family Rights Act (CFRA), ¶¶ 12:146,
12:390, 12:421, 12:852-12:857, 12:1201, 12:1300 (The Rutter Group)
2 Wilcox, California Employment Law, Ch. 41, Substantive Requirements Under
Equal Employment Opportunity Laws, §§ 41.80[1][a], 41.81[1][b] (Matthew Bender)
3 Wilcox, California Employment Law, Ch. 43, Civil Actions Under Equal
Employment Opportunity Laws, § 43.01[10][g][i] (Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment
Discrimination, § 115.36 (Matthew Bender)
California Civil Practice: Employment Litigation § 5:40 (Thomson Reuters)
2631-2699. Reserved for Future Use
CACI No. 2630 CALIFORNIA FAMILY RIGHTS ACT
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