2601 . Eligibility
T o show that [he/she/ nonbinary pronoun ] was eligible for [family care/
medical] leave, [ name of plaintiff ] must prove all of the following:
1. That [ name of plaintiff ] was an employee of [ name of defendant ];
[2. That [ name of defendant ] directly employed five or more
employees for a wage or salary;]
3. That at the time [ name of plaintiff ] [requested/began] leave, [he/
she/ nonbinary pronoun ] had more than 12 months of service with
[ name of defendant ] and had worked at least 1,250 hours for [ name
of defendant ] during the previous 12 months; and
4. That at the time [ name of plaintiff ] [requested/began] leave [ name
of plaintiff ] had taken no more than 12 weeks of family care or
medical leave in the 12-month period [ define period ].
New September 2003; Revised June 201 1, May 2021
Directions for Use
The CFRA applies to employers who directly employ five or more employees (and
to the state and any political or civil subdivision of the state and cities of any size).
(Gov . Code, § 12945.2(b)(4).) Include element 2 only if there is a factual dispute
about the number of people the defendant directly employed for a wage or salary .
Sources and Authority
• Right to Family Care and Medical Leave. Government Code section 12945.2(a).
Secondary Sources
Chin et al., California Practice Guide: Employment Litigation, Ch. 12-A, Overview
of Key Leave Laws , ¶ 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) , ¶¶ 12:87, 12:125,
12:390, 12:421, 12:1201, 12:1300 (The Rutter Group)
1 1 California Forms of Pleading and Practice, Ch. 1 15, Civil Rights: Employment
Discrimination , § 1 15.32[6][c] (Matthew Bender)
Page last reviewed May 2024
In this second part of a two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan examines recent Republican advice for Donald Trump to focus on “policy" rather than grievances in his presidential campaign.
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