Family and Medical Leave (FML)
FML for CSU Employees
Cal Poly Pomona employees are entitled to Family and Medical Leave (FML) in accordance with state (California Family Rights Act--CFRA) and federal (Family Medical Leave Act--FMLA) laws, California State University policy, and collective bargaining agreements for represented employees.
Family and Medical Leave (FML) provides eligible employees with up to 12 workweeks of unpaid leave a year, and allows for group health benefits to be maintained during the leave as if the employee continued to work instead of taking leave. The following information is a summary. For more detailed information on the CSU FML Policy, please refer to the CSU Family Medical Leave Policy page , appropriate Collective Bargaining Agreements and Technical Letters .
Note: On January 28, 2008, the National Defense Authorization Act (H.R. 4986) was signed into law. The Act expands Family Medical Leave (FML) provisions for employees who have a family member injured in military service or called to active duty. For details on this expansion to FML, please visit: http://www.cpp.edu/~payroll/leaves/leave-program/fml_military.shtml.
Employees are entitled to FML under a variety of circumstances:
- to care for a child following birth or placement with the employee for adoption or foster care,
- to care for the employee's spouse, domestic partner, child, or parent who has a serious health condition, and
- if the employee is unable to perform the essential functions of his/her own job due to a serious health condition.
Under CSU policy, all full-time and part-time employees (excluding student employees) employed for at least one academic year or 12 months (not necessarily continuously) preceding the leave are eligible. Note: CSU eliminated the 1,250 work hour requirement for full-time and part-time employees provided for under the law.
Student employees are eligible but have different eligibility criteria. Under the CSU policy, student employees must be employed at least one year (not necessarily continuously) and must have worked at least 1,250 hours in the 12 months preceding the leave. Only eligible 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 FML.
The definition of "employment" includes employment at all CSU campuses as well as other California state agency employment.
The maximum leave entitlement is 12 weeks in a 12-month period. The CSU calculates the 12-month period on a forward rolling basis: the period is measured forward from the date the employee's first FML leave begins.
If leave is due to a serious health condition (either the employee's own, the employee's spouse's, parent's, or child's), the employee must provide medical certification within 15 days. Approval for the leave may be withheld until medical certification requirements are met. Prior to returning to work, the employee will be required to present a "fitness-for-duty" certificate if the leave is due to their own health condition.
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. Please contact the Leaves Coordinator for details.
Paid Family Leave Insurance Program
CSU employees are not eligible for the Paid Family Leave Insurance Program administered by the Employment Development Department (EDD). This paid leave insurance program applies to California workers who pay into (are covered by) the State Disability Insurance (SDI) program. CSU employees do not pay into the SDI program.
Should an employee wish to obtain information on the Paid Family Leave Insurance Program for other than a CSU employee, please contact the Employment Development Department (EDD) at (877) BE-THERE or visit their Web site at www.edd.ca.gov.
Health Benefits During Leave
For the period of unpaid FML, the CSU/Cal Poly Pomona will continue to pay its portion of the employee's medical, dental, and vision premiums. 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.
The above information is intended to be a quick summary and is not intended to be all inclusive. Please contact Mary Martinez, Leave Administrator, by telephone at (909) 869-5097, or by e-mail at firstname.lastname@example.org, for FML eligibility and information.
Note: Should the above listed information differ from the collective bargaining agreement, the collective bargaining agreement shall take precedence.