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Family and Medical Leave (FML)

Under federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and CSU FML policy, employees with at least 12 months of service are eligible to take unpaid job protected leave for specified family and medical reasons with continuation of group health insurance coverage.  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 servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin (military caregiver leave).
 
Next of kin is defined as the service member's nearest blood relative, other than the spouse (including same sex spouse through state law or domestic partner through CSU policy), parent, son or daughter, in the following order of priority:
  • Blood relative who have been granted legal custody of the service member by court decree or statutory provision; or
  • brothers, sisters, grandparents, aunts, uncles and first cousins, unless the servicemember has specifically designated, in writing, another blood relative for purposes of this leave.
Family medical leave is without pay; however, employees must exhaust their personal holiday and any accumulated vacation or compensatory time off prior to beginning unpaid leave.  Sick leave credits may be used if mutually agreed upon by the employee and supervisor.
  • Leave begins after the employee has requested and is granted FML or after HR Services notifies the employee that it is designating 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.

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