CSU Family Medical Leave (FML)
Under CSU Family Medical Leave (FML) eligible employees may take job-protected leave for up to twelve (12) weeks in a 12-month period for specified reasons relating to the employee’s or a qualified family or service members’ serious health condition, in connection with at the birth or placement of a child, or for a qualified military exigency. CSU FML incorporates both the Federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave entitlements which normally run concurrently.
The CSU FML entitlement is calculated on a forward rolling basis within a 12-month period, from the first date the employee's first FML leave begins. CSU designates FML leave following a three (3) day absence (may vary depending on collective bargaining agreement), and only the amount of actual leave taken is counted against the maximum entitlement. CSU FML tracks concurrently with most leave programs except for California Pregnancy Disability Leave (CA PDL).
Employees are entitled to CSU FML leave under a variety of circumstances:
- Birth or placement for a “son or daughter,” to bond with a newborn or newly placed “son or daughter” for adoption or foster care; or to care for a son or daughter with a serious health condition (includes child of employee with “in loco parentis” status).
- Care for the employee’s spouse, registered domestic partner, or parent with a serious health condition.
- Employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of his/her job.
- Qualifying Military Exigency Leave (MEL) arising out of the fact that the employee’s spouse, registered domestic partner, son, daughter, or parent is on active military duty in the National Guard or Reserve, or has been called to active duty in the National guard or Reserve in a “contingency” military operation.
- Service Member Care Leave (SMCL) for a covered service member with a serious injury or illness, if the employee is the spouse, registered domestic partner, son, daughter, parent, or next of kin of the service member.
Parent and Child are defined as:
- Parent = biological parent or in loco parentis (in position of –e.g. legal guardian)
- Child = biological, adopted, foster, step, legal ward, and in loco parentis.
CSU policy requires that when an employee is placed on CSU FML for their own serious health condition, the employee must use his/her sick leave, vacation credits, Personal Holiday, and CTO (unless specifically excluded by collective bargaining agreement) prior to going on any unpaid portion of CSU FML. CSU FML runs concurrently with sick leave, vacation credits, Personal Holiday and CTO (as appropriate) or other paid leaves and is not counted separately from the CSU FML period, unless the employee is on CA PDL.
Employees who request CSU FML leave to care for a qualified family or a service member with a serious health condition are required to use eligible vacation credits, Personal Holiday and CTO (unless specifically excluded by collective bargaining agreement) prior to going on any unpaid portion of CSU FML. An employee may use sick leave by mutual agreement pursuant to collective bargaining agreement. CSU FML runs concurrently with any eligible sick leave, vacation credits, Personal Holiday, and CTO used to care for the family member, and the unpaid portion of CSU FML begins once the eligible leave credits have been applied to the leave.
FML on a Reduced or Intermittent Basis
Leaves for the employee’s own, family member's, or covered service member’s serious health condition can be permitted on either an intermittent or reduced work schedule when medically necessary. For intermittent leave or leave on a reduced work schedule, there must be a medical requirement for that type of leave (as distinguished from voluntary treatments and procedures) and such medical need must best be accommodated through an intermittent or reduced work schedule. Employees needing intermittent CSU FML or a reduced work schedule must make a reasonable effort to schedule leave to avoid disrupting campus operations
While an employee is on CSU FML, the CSU pays its normal share of any medical premiums pursuant to law. In addition, CSU will continue to pay its normal share of any premiums for dental insurance and vision coverage. The employee continues to be responsible for his or her share (if any) of such benefits. An accounts receivable will be set up for the employee’s share of the premium, if any.
Request CSU FML
To request leave covered under CSU FML, please contact the Benefits Office at 916-278-3522 or 916-278-6996. Upon receiving notification of a request/need for leave, the Benefits Office will provide to the requesting employee the documentation required. Employees must provide 30 days’ advance notice for foreseeable leave, or as much advance notice as is practicable. When 30 days’ notice is not possible, the employee must give notice to the employer on the same day that s/he learns of the need for leave, or the next business day, after the need arises for unforeseeable leave, unless it is impracticable.
The Benefits Office will require a Medical Leave of Absence Request Form and Certification of Health Care Provider (CHCP) from an employee seeking leave for his/her or a qualified family or service members’ serious health condition. It is important that your/your family member’s health care provider answer fully and completely all applicable parts of the CHCP. Responses should be the provider’s best estimate based upon the provider’s medical knowledge, experience, and examination. Terms such as “lifetime,” “unknown,” or “indeterminate” may not be sufficient to determine eligibility for CSU FML. CHCP’s that are incomplete or insufficient will be returned to the employee and the employee will be directed to obtain the missing information from their health care provider. Failure to timely provide the required information may result in a delay or non-approval of leave. Written notification with CHCP shall be provided to the Benefits Office as soon as the event necessitating the leave becomes known to the employee. Check the provisions of the employee's Memorandum of Understanding (MOU) for additional information.
EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT - Describes employee entitlements, responsibilities and benefits coverage.
For assistance with the CSU Family Medical Leave (FML) process, contact the Benefits Office at 916-278-3522 or 916-278-6996.