In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: Plaintiff did not meet the notice requirements of the CFRA and the FMLA. Plaintiff did not notify Defendant in advance that Plaintiff would be absent from March 31, 2014 through April 3, 2014. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo., Exhs. Vol. II. Additionally, Plaintiff did not call in sick or ask someone to call Defendant on his behalf on any of those four days of absence, even though Plaintiff made 26 phone calls to individuals or entities other than McCale or Defendant. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo,, Exhs. Vol. II. Thus, unlike in Avila, upon which Plaintiff relies, Plaintiff did not call in sick during his absence from March 31, 2014 through April 3,2014. See Avila, 165 Cal.App.4th at 1258, 82 Cal.Rptr.3d 440 (<HOLDING>). Moreover, two weeks prior to Plaintiffs 
 Holding statements: (A) holding that an issue is genuine if the evidence is sufficient to allow a reasonable jury to return a verdict for the nonmoving party (B) holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state (C) holding that spouse was not required to return to work immediately upon divorce to avoid judicial imputation of income (D) holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice (E) holding a judgment in the absence of notice violates due process rights
[EX A]: (D)

[EX Q]: judgment of the district court denying his petition for a writ of habeas corpus. We assume the parties’ familiarity with the fac appealability on ineffective assistance of counsel, the “cause” Hernandez assigns for his procedural default, suggests that it intended to allow review of the procedural bar. However, even assuming that the district court wished this court to review its procedural bar finding or that we would grant a certificate of appealability on this issue, the correctness of the district court’s central holding — that there was no error, constitutional or otherwise — in the state trial court’s charge on intent is dispositive. The test for finding charge-based constitutional error is a strict one. See Cupp v. Naughten, 414 U.S. 141, 146, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973) (<HOLDING>). We see no basis for finding a Fourteenth 
 Holding statements: (A) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error (B) holding that a trial court does not commit plain error unless the error is clear under current law (C) holding that any error was harmless and thus not plain error (D) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (E) holding that when defendant properly objects to charge error reversal required unless error was harmless
[EX A]: (D)

[EX Q]: 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Harris v. Forklift Sys., Inc., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). 5 . See also Faragher, 118 S.Ct. at 2289 (noting that the circuits uniformly have applied a negligence standard to title VII cases involving harassment by co-workers). 6 . Waltman v. Int’l Paper Co., 875 F.2d 468, 478 (5th Cir.1989); see also Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993) (discussing failure of plaintiff to complain to "company hierarchy"). 7 . In Williamson, the supervisor whose knowledge was deemed sufficient to impute actual knowledge to the employer was an HPD sergeant. See Williamson, 148 F.3d at 463. 8 . This standard comports with that of other circuits. See, e.g., Sauers v. Salt Lake County, 1 F.3d 1122, 1125 (10th Cir.1993) (<HOLDING>) (internal quotation and citation omitted); 
 Holding statements: (A) holding that one who exercises daytoday control over the employee will be considered as the employer (B) holding that the proper inquiry is whether the individual defendant served in a supervisory position in which he exercised significant control over the plaintiffs hiring firing or conditions of employment and if not whether employer had actual or constructive knowledge of the existence of a hostile work environment and took no prompt and adequate remedial steps (C) holding that while town counsel had final supervisory authority over the hiring and firing of employees in plaintiffs position it did not have supervisory authority over the mayors constructive discharge of plaintiff (D) holding board had jurisdiction when employer had final authority over the essential terms and conditions of employment including wages benefits hiring firing promotion discipline and grievances although employer was subject to various governmentimposed restrictions (E) holding that agent part of title viis definition of employer includes someone who serves in a supervisory position and exercises significant control over  hiring firing or conditions of employment
[EX A]:
(E)