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Family Medical Leave (FML)

Overview

Under CSU Family Medical Leave (FML) eligible employees may take job and benefit protected leave for up to twelve (12) weeks in a 12-month period.  The leave would be for specified reasons relating to the employee's or a qualified family or service members' serious health condition, in connection with the birth or placement of a child, or for a qualified military exigency.  CSU FML incorporation 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 3-5 days absence (according to the employee's bargaining unit), 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).

Accrual Usage While on CSU FML

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 specified by CBA) 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 CBA) prior to going on any portion of unpaid CSU FML.  An employee may use sick leave by mututal agreement pursuant to CBA.  CSU FML runs concurrently with any eligible sick leave, vacation credits, Personal Holiday, and CTO used to care for the family member.

The unpaid portion of CSU FML begins once eligible leave credits have been applied to the leave.   

Eligible employees are entitled to:

12 workweeks of leave in a 12-month period for:

  • The birth of a child and to care for the newborn child within one year of birth;
  • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • To care for the employee's spouse, registered domestic partner, child or parent who has a serious health condition.
  • A serious health condition that makes the employee unable to perform the essential functions of his or her job; or
  • Any qualifying exigency arising out of the fact that the employee's spouse, domestic partner, son , daughter, parent or next of kin is a covered military member on "covered active duty;"

Or

26 workweeks of leave during a single 12-month period:

  • To care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

 Summary

  • Leave begins after the employee has requested and is granted FML or after Human Resources notifies the employee that it is designation time off as FML.
  • During unpaid FML, CSU continues to pay its normal portion of medical, dental and vision premiums.
  • Employees on FML have the right to return to the same or an equivalent position.
  • FML may be taken intermittently or on a reduced-work schedule when medically necessary, as determined by the health care provider.

Request CSU FML

To request leave covered under CSU FML, please contact Michelle Buth at 760-750-4438 or by email mbuth@csusm.edu or hrbenefits@csusm.edu.  Upon receiving notificaiton of a request/need for leave, Human Resources will provide required documentation to the requesting employee.  Employees must provide 14 days (applicable to most CBAs) advance notice for a foreseeable leave, or as much advance notice as is practicable.  When 14 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 an unforseeable leave, unless it is impracticable. 

For more information on the CSU FML Policy, please contact Michelle Buth.