CSU Family Medical Leave (FML)

Employees seeking to use CSU FML leave are required to provide a 30 or 14 (applicable to most CBAs) day advance notice of the need to take CSU FML leave when the need is foreseeable and such notice is practicable (unless the collective bargaining agreement states otherwise).

CSU FML policy requires the campus to make an FML determination if an employee has an absence of at least 3-5 days (depending on CBA or policy), even if the employee does not provide notice (the number of days varies by CBA).

• Bonding with a newborn, adopted child, or child placed for foster care.
• Caring for a family member with a serious health condition. A spouse, son, daughter, parent, sibling, grandparent, grandchild, or designated person.
• The employee’s own serious health condition
• A qualifying exigency relating to a close family member’s military service.

To be eligible for CSU FML benefits, an employee must:

• Work for the CSU; and
• Have worked for the employer for a total of 12 months or one academic year as of the date leave is to start; and
• Have worked at least 1,250 hours (over the previous 12 months)
  • Subject to the 1,250-hour Eligibility Requirement:
    • C99
    • M80
    • Unit 6
    • Unit 8
    • Unit 1
    • Unit 6
  • Exempt from the 1,250-hour Eligibility Requirement
    • All other full-time and part-time employees in employee groups not listed above.

Employment for CSU FML purposes includes employment at all CSU campuses as well as other California state employment.

Eligible employees may take up to 12 weeks of job-protected leave within a 12-month period, calculated on a forward rolling basis from the start of the first FML leave.

During FML leave, employees are entitled to:

• Continued group health insurance coverage under the same terms as active employment
• Reinstatement to the same or a comparable position upon return
• Unpaid, job-protected leave for qualifying family or medical reasons

Exhaustion of CSU FML (Employee’s Own Illness/Injury) - ADA Interactive Process

• Upon the exhaustion of the CSU FML 12-week entitlement, and the employee is still unable to return to their regular job, they may be eligible for extended leave benefits through the Americans with Disability Act (ADA).

Employees are required to provide:

• Medical certification or appropriate documentation from the health care provider supporting the need for the leave due to a serious health condition affecting the employee or an immediate family member.

Approval for the leave may be withheld until medical certification requirements are met.

Employee’s Own Illness/Injury

The employee must use their sick leave, vacation credits, Personal Holiday, and CTO unless excluded by CBA prior to going on any unpaid portion of CSU FML.

• CSU FML applies to both paid and unpaid periods of the leave.
• 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 salary continuation.

Illness/Injury of Employee’s Eligible Family Member

CSU policy requires the employee to use eligible sick leave and/or vacation credits prior to going on any unpaid portion of CSU FML. 

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 continue 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.

Exempt employees in Unit 4 (APC)

• For absences of less than a full day shall receive a full day’s salary and shall not have their salary docked nor are they required to use sick leave or vacation credits for these types of absence; however, track the usage against the CSU FML entitlement.
• If the employee is absent for the entire day, leave credits should be used as applicable and tracked against the CSU FML entitlement.

CSU FML (up to 12 weeks) 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.

The length of approved CSU Family Medical Leave (FML) is determined by the attending physician and must include a defined duration. This applies to leave taken for the employee’s own serious medical condition or that of an eligible family member.

CSU FML may be approved in one of the following formats:

• Continuous Leave: Full-time absence for a specified period.
• Reduced Schedule Leave: A consistent reduction in work hours per week.
• Intermittent Leave: Taken on an as-needed basis for medical treatments or episodes of incapacity.

For intermittent leave, the physician certifies both the medical necessity and the anticipated frequency and duration of each episode. This provides a framework for how much time the employee may request.
Example: A physician may certify that treatment or incapacitating episodes are expected to occur up to twice per week, lasting approximately four hours per episode.

If an employee is taking medical leave for their own illness or injury, it is important to ensure that they are released by a medical professional prior to their return date or the end of their leave. This requires the employee to provide a medical note to the Leaves Office which will determine whether they can return to work at full capacity, or if any restrictions or accommodations are necessary. Any restrictions or accommodations should be clearly detailed in the medical note prior to the employees return date.

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. An accounts receivable will be established for any employee premiums required during the unpaid leave. If the employee wishes to discontinue medical coverage during the unpaid leave, they may reinstate it upon return. Please check with the Benefits Section of Human Resources for information on when the coverage will resume. 

If the employee does not return from FML, Cal Poly Pomona/CSU will require the employee to provide reimbursement for medical, dental, and vision premiums paid on the employee's behalf during the unpaid portion of the leave. However, no reimbursement will be required if the employee does not return because of a serious health condition or if unable to return due to circumstances which are outside of their control.