FAQs

 

 

 

What is CSU Family Medical Leave?

 

Under California State University Family Medical Leave (CSU FML), eligible employees may take job-protected leave for up to twelve (12) weeks/480 hours in a 12-month period. CSU FML incorporates both the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) leave entitlements which normally run concurrently.

This type of leave may consist of paid leave, unpaid leave or combinations of both paid and unpaid leave. When medically necessary, leave may be taken on an intermittent or reduced leave schedule.

 

 

Am I eligible for CSU Family Medical Leave?

 

All full-time and part-time employees (excluding student employees) employed for a least one academic year or 12 months (does not have to be continuous) preceding the leave are eligible. Employment includes appointment at any CSU campus, or any other California state agency.  Under CSU FML, all prior state service is counted towards CSU FML eligibility, regardless of any breaks in service.  Additionally, any National Guard or Reserve military duty is also counted toward the 12 month eligibility requirement.

Student employees are eligible for FML, if employed for at least one year (does not have to be continuous) and have worked at least 1,250 hours in the 12 months preceding the leave. Student employees, who are not otherwise eligible for benefits, are entitled to the unpaid leave and reinstatement rights only.

 

 

Are student employees eligible?

 

Yes. Student employees are eligible for CSU FML but have different eligibility criteria. Under the CSU policy, student employees must be employed at least one year (does not have to be continuous) and have worked at least 1,250 hours in the 12 months preceding the request for leave. Only Teaching Associates have any benefits for which the CSU pays premiums. Other student employees are entitled only to the unpaid leave and reinstatement rights under the law.

 

 

Under what circumstances does CSU FML apply?

 

Qualifying reasons include:

• Birth or placement for a “son or daughter,” to bond with a newborn or newly placed “son or daughter” for adoption or foster care. The employee must initiate CSU FML within twelve months of the date of birth or placement of a child.

• To care for a son or daughter with serious health conditions (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.

 

 

How do I request CSU FML?

 

To request leave covered under CSU FML, complete a Request for Formal Leave of Absence and return it to your Department.

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 they learn of the need for leave or the next business day, after the need arises for unforeseeable leave, unless it is impracticable.

 

 

Who designates the time off as CSU FML?

 

An employee can make a request for CSU FML, but it is the University’s responsibility to determine whether the leave qualifies as CSU FML, to designate it as such, and to provide the employee with notice of its decision.

 

 

When does CSU FML begin?

 

The CSU designates CSU FML following a 3-5 day absence (according to the employee’s bargaining unit), and only the amount of actual leave taken is counted against the FML entitlement.

CSU FML begins to run after the employee has requested and is granted CSU FML, or the first day after the campus notifies the employee that the time off is being designated as CSU FML.

 

 

Can I apply CSU FML retroactively to time already taken?

 

No, unless the employer did not learn of the CSU FML qualifying reason for the leave until after the employee is already off work.  In that case, the campus has two days from learning of the qualifying reason in which to notify the employee that the leave is being considered as CSU FML.

 

 

What happens to my benefits when I am on CSU FML?

 

The University is required to pay the State’s share of the premiums for health, dental and vision benefits during the FML period.  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. If any portion of the leave is unpaid and the FML period has been exhausted, the employee will be responsible for paying the State’s share as well as the employee’s share in order to continue coverage in the aforementioned plans.

If the employee wishes to discontinue medical coverage during the unpaid leave, the CSU will also suspend its medical premium payments but dental and vision will be continued. Suspended coverage will be reinstated upon return to active status.

 

 

Can I use my eligible vacation credits or sick leave to cover my leave?

 

Yes. 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.

When CSU FML is granted for an employee’s own serious health condition, an employee must use applicable leave credits, including sick leave, vacation, compensatory time off (CTO) and Personal Holiday before going on any unpaid portion of FML.

CSU FML runs concurrently with any eligible sick leave, vacation credits, Personal Holiday, and CTO used to care for the family and the unpaid portion of CSU FML begins once the eligible leave credits have been applied to the leave.

Sick leave is considered paid leave.  For an employee who accrues sick leave and charges sick leave for their own illness that meets the definition for CSU FML coverage, the sick leave should be designated as and tracked against the CSU FML 12-week entitlement.

 

 

Can I take CSU FML on a reduced or intermittent basis?

 

Yes. Leaves for the employee’s own family members 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.

Subject to applicable bargaining agreements and laws such as the Americans with Disabilities Act, the campus may temporarily transfer an employee needing intermittent or reduced schedule leave to an “alternative position” to better accommodate the reduced leave schedule.

 

 

Are exempt employees able to use intermittent or reduced work schedule CSU FML?

 

Yes. There is no conflict with FLSA when the campus is required by law to grant the CSU FML. In such a case, there is a special exception to FLSA rules for family and medical leave. Under the law, an exempt employee may use intermittent or reduced work schedule leave during CSU FML only if they have worked at least 1,250 hours in the year prior to the leave.

However, CSU policy is more generous than required by law and may grant CSU FML to an employee for whom we are not mandated to grant it (for example, a person with less than 1,250 hours worked in the preceding 12 months.)

FLSA allows for partial day docks or use of leave credits for absences under the CSU FML. In order to standardize our attendance-reporting procedures under CSU policy, partial day absences while on CSU FML are to be charged against an exempt employee’s accrued leave credits. If, however, an exempt employee exhausts their accrued leave and still has CSU FML time, the employee is to receive regular pay.

 

 

What documentation will I need to provide to request a Family Medical Leave (FML)?

 

The Total Wellness office will require a Request for Formal Leave of Absence  and a Certification of Health Care Provider (CHCP) from an employee seeking leave for his/her own serious health condition or to care for a qualified family or service members with a 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 the health care provider. Failure to timely provide the required information may result in a delay or denial of the leave.

 

 

How does CSU FML affect my seniority?

 

Permanent employees earn seniority points during both the paid and unpaid portions of CSU FML. Benefits accrued prior to the leave cannot be taken away and the leave does not constitute a break in service or seniority or benefits.

 

 

Do any special CSU FML rules apply of both spouses are employed by the same campus?

 

No. The CSU offers a more generous benefit than that provided for under the law. It offers both employees full CSU FML eligibility.

 

 

Is CSU FML compensated under the CSU policy?

 

No.  However, consistent with state and federal laws, the CSU requires employees to exhaust their personal holiday and any accumulated vacation and CTO leave credits prior to beginning unpaid leave. (Refer to the appropriate CBA, as treatment of vacation for represented employees may differ.)

 

 

How are other leaves and disability benefits integrated with CSU FML?

 

Other than for pregnancy/childbirth (California Pregnancy Disability Leave), CSU FML runs concurrently with other types of leave or disability programs (such as: nonindustrial, industrial and temporary disability) since these leaves are for a purpose which qualifies for CSU FML. The CSU designates CSU FML leave following a 3-5 day absence (according to the employee’s bargaining unit), and only the amount of actual leave taken is counted against the maximum entitlement.

 

 

How is CSU FML coordinated with the California Pregnancy Disability Leave?

 

California Government Code Section 12945 (b)(2) entitles female employees up to 4 months (88 work days for full-time employees) for disability leave due to pregnancy/childbirth. If the employee takes all or part of the maximum four months under this entitlement, she will be also be entitled to 12 additional weeks of CSU FML for the birth of her child or for her own serious health condition. CSU FML doesn’t require that the mother be disabled or that the child be ill.

 

 

What is the length of the CSU FML permitted under the CSU policy?

 

The maximum leave is 12 weeks in a 12-month period.  The 12-month period is calculated on a forward rolling basis. The period is measured forward from the date the employee’s first CSU FML leave begins. 

All rights to CSU FML terminate upon separation from employment (e.g., expiration of temporary appointment, resignation, layoff, etc.).

 

 

What are my rights to reemployment?

 

An employee on CSU FML is entitled to return to the same position or another position with equivalent benefits, pay, and conditions of employment. The employee on leave has no different rights than if they were actively at work; therefore, the campus may be able to deny reinstatement if the job is eliminated due to layoff.

 

 

What if I cannot perform the essential functions of my job?

 

If the employee cannot perform the essential functions of the job, the campus has no obligation under CSU FML to create or find another position for the employee. However, other laws such as Workers’ Compensation and the Americans with Disabilities Act must be considered prior to taking any personnel action.

 

 

What happens when my CSU FML entitlement is exhausted and I am not able to return to work?

 

Campuses are obligated under the law to hold an employee’s job open for a ‘reasonable time’ after the CSU FML time is exhausted. The determination of what is ‘reasonable’ must be reached with reference to the circumstances of each particular case.