Family Medical Leave (FML)

Overview:

  • The Family Medical Leave Act (FMLA) is a federal law that allows an employee to take unpaid, job-protected leave with continuation of group health insurance coverage for specified family members and medical reasons.
  • Eligible employees can take a leave to care for either themselves or a family member (parent, spouse or child) receiving treatment by a Doctor for a serious medical condition.
  • The leave is an officially excused period of time off duty from work and it can be used either consecutively or intermittently as needed.

The CSU FML Policy has been updated to include the requirement that eligible employees (identified below), must have eligible employment of at least one academic year or 12 months and must actually have worked 1,250 hours effective July 1, 2019 (unless specified otherwise below).
 
Employee groups subject to the 1,250 hour eligibility requirement:

  • Non-represented (confidential and MPP)
  • Unit 1 (UAPD)

All other full-time and part-time employees not listed in the employee groups above employed for at least one academic year or 12 months preceding the request for CSU FML are exempt from the 1,250 hour eligibility requirement pursuant to their respective collective bargaining agreements.

Qualifying Reasons for Leave:

FMLA provides eligible employees with the equivalent of up to 12 weeks (or 480 hours) in a 12-month period for:

  • Bonding with a newborn, adopted child, or child placed for foster care
  • Caring for a family member with a serious health condition
  • The employee’s own serious health condition
  • A qualifying exigency relating to a close family member’s military service

Duration of Leave:

  • The CSU uses the 12-month period that is measured by counting forward from the first day the employee takes the leave and ends 12 months later.

Administration of Sick Leave and/or Vacation Credits under 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 a Pregnancy Disability Leave (PDL).
  • CSU policy requires the employee to use their sick leave and/or vacation credits prior to going on any unpaid portion of FML.
  • If an employee does not have ample sick and/or vacation credits to cover the duration of the CSU FML, then the unpaid portion of CSU FML begins. The employee may be eligible to apply for Non-Industrial Disability Insurance (NDI) or request Catastrophic Leave Donation Program (CLDP) for continuation of benefits and some salary.

Treatment of Exempt Employees on CSU FML:

  • If leave is full time, charge leave credits in full day increments.
  • If employee is working a partial day and on CSU FML, charge leave credits for time not worked.
  • If employee works a partial day and has exhausted leave credits, employee receives full pay, but continues to track usage against the CSU FML entitlement.
  • If an employee transitions from paid CSU FML to unpaid CSU FML due to the exhaustion of applicable paid leave credits, the CSU FML entitlement is not extended beyond the 12-week designation, under any circumstances.

Check your Collective Bargaining Agreement for any exceptions.

Requesting Family Medical Leave:

  • Please contact the HR Benefits Department at 909-537- 5143 to schedule an appointment to receive and discuss necessary paperwork.