Time Off/Leave of Absence Programs

CSU Family Medical Leave (FML)

The CSU Family Medical Leave (FML) provides employees with unpaid leave time for up to twelve (12) weeks to care for self or eligible family members. Also, there are various military-related FML leaves (refer to HR 2010-03) that range from time needed to attend a one-time event up to 26 work weeks (restricted to Service Member Care Leave). The CSU FML incorporates both the Federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave entitlements and 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 the California Pregnancy Disability Leave.

CSU FML is extended to employees for the following reasons: 1) 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): 2) Care for the employee’s spouse, registered domestic partner, or parent with a serious health condition; 3) Employee’s own serious health condition that makes the employee unable to perform the essential functions of his/her job; 4) Qualifying Military Exigency Leave (MEL) arising out of the fact that the employee’s spouse, registered domestic partner, son, daughter, or parent is a member of any branch of the military, including the National Guard or Reserves, and is deployed or called to active duty in a foreign country; and/or 5) 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.

Employees who request CSU FML leave for self are required to exhaust existing sick and vacation leave credits, and personal holiday prior to being placed on an unpaid FML leave. Treatment of vacation for represented employees may differ; please refer to the appropriate collective bargaining agreement. Employees who request FML leave to care for a family member must exhaust existing personal holiday and vacation credits. Existing sick leave credits may be used by mutual agreement as defined in the CSU leave policy and appropriate collective bargaining agreement.

While on paid CSU FML, benefit premiums, including health, dental, vision, group life and long term disability continue to be paid by the CSU without a lapse in coverage. During periods of unpaid CSU FML, only health, dental and vision premiums will continue to be paid by the CSU.

The following legislation is incorporated into the CSU FML leave:

  • Family Medical Leave Act -
    29 United States Code, Sections 2601 et seq;

  • California Family Rights Act -
    California Government Code 12945.1,.2 and 19702.3; and

  • California Code of Regulations, Title 2, Division 4, 7297 et seq
For more information on the CSU FML Policy, please refer to the CSU Family Medical Leave Policy page, appropriate Collective Bargaining Agreements and Technical Letters.

   

Content Contact:
Benefits Insider
(562) 951-4411
Technical Contact:
webmaster@calstate.edu

Last Updated: April 10, 2012


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