Faculty, Administrative Professional and Other Non-Classified Staff

In accordance with federal law, Family and Medical Leave Act (FML), Colorado State University provides job-protected leave to eligible faculty and staff who are unable to work due to their own serious health condition or because of the need to care for an immediate family member with a serious health condition. FML allows for up to 12 workweeks (480 hours for 100% FTE) of leave during a 12-month period based on certain qualifying events.

FML is unpaid leave; however, your available paid leave balance (e.g. sick, annual, parental leave) will be used concurrent with FML. Likewise, FML also runs concurrent with other types of paid and unpaid leave (e.g. short term disabilityworkers compensation and leave without pay).

In order to be eligible for FML, you must meet certain criteria, including experiencing an FML qualifying reason. All potential FML leave reasons should be reported to your department HR Professional to determine eligibility.

  • An employee’s serious health condition that prevents them from performing their job (as certified by a health care provider);
  • Birth of a child;
  • Placement of the child with the employee for adoption or foster care;
  • Care of a family memberwho has a serious health condition as certified by a health care provider; or
  • A qualifying exigency arising out of the fact that the employee’s spouse, domestic partner, son, daughter, or parent is a covered military member on “covered active duty.” Eligible employees have job protected time off for up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent or next of kin.

*Pursuant to the FML policy, a “family member” includes: spouse, common-law spouse, domestic partner, civil union partner; a biological or adoptive parent; or biological, adopted or foster child who is under 18 years of age or 18 years of age or older and incapable of self-care because of a permanent mental or physical disability.

Refer to the Family and Medical Leave Policy for additional information on FML qualifying reasons.

When a qualifying event is anticipated (e.g., pregnancy or planned surgery), a notice to your supervisor and department HR Professional should be given as far in advance as possible (ideally, within 30 days). When a qualifying reason is immediate or unforeseeable, notice must be given as soon as practical when you become aware of the need for leave. If not reported timely, FML may be denied or delayed.

Once the need for leave is communicated, a request for FML must be substantiated with a complete and satisfactory medical certification form (for the employee or family member) within 15 calendar days, per the due date on the Notice of Rights and Responsibilities provided by your department HR Liaison. 

The University has an obligation under Federal law to Notice an employee of their Rights under FML. An employee may not waive or deny FML; failure to comply may result in the use of unauthorized leave (e.g. denial of sick or annual leave). For general FML questions, please contact your department HR Professional or the HR Service Center at 970-491-MyHR (6947).

Communication. Ongoing communication allows for the FML process to run much more smoothly. It is very important for you to provide periodic updates of your status and estimated return to work date to your supervisor and department HR Liaison. Be conscientious about the expiration of a period of incapacity and whether updated medical information needs to be provided by your health care provider.

You must follow your department’s usual notice or call-in procedures unless you are unable to do so (e.g. an exception would be if you were completely incapacitated or receiving emergency medical care). This is especially important when the use of FML is intermittent.

While you are on approved FML, you are eligible to continue all of your benefits. If you are on leave without pay and not receiving salary from CSU, you will be required to make a cash payment to Human Resources for your monthly premiums.

When the reason for FML is due to your own serious health condition, a Release to Return (may be a signed and dated note) from your health care provider is normally required to return following FML. The delay of or failure to obtain a Release will impact your ability to return to work timely. 

Clearly communicate with your supervisor and department HR Liaison regarding a return-to-work date and transition plan. 

For successful administration of FML, a department HR professional should:

  • Determine employee eligibility under FMLA.
  • Provide the Notice of Eligibility and Rights and Responsibility (Notice) within 5 business days of notification from the employee or when an FML event has been recognized.
  • Provide a medical certification to be returned in 15 calendar days, in the form of a:
    • 1) Medical Certification of Health Care Provider for Employee’s Serious Health Condition,
    • 2) Medical Certification of Health Care Provider for Family Member’s Serious Health Condition,
    • 3) Certification of Qualifying Exigency for Military Family Leave, or
    • 4) Certification for Serious Injury or Illness of Covered Servicemember.
  • Review the medical information and determine if it meets the criteria for a qualifying event and issue a Designation Notice within 5 business days, either approving or denying the FML.
  • If the documentation is incomplete or insufficient, the HR professional will notify the employee of the need for clarification and specifically what information is required. The HR professional will provide 7 calendar days to obtain and submit a complete certification.
  • In most cases, ensure a fitness-for-duty certification is requested with the Designation Notice.
  • Maintain FML forms and documentation, in a secure, confidential location and separate from the personnel file.
  • Provide current FML balance to the employee upon request.
  • Return the employee to the same position or an equivalent position after taking the leave including pay, employment benefits, and terms and conditions.

Public Health Emergency Leave (PHEL)

Signed into law July 14, 2020, the Healthy Families Workplaces Act (HFWA) required the State to provide eligible employees with job-protected, public health emergency leave effective January 1, 2021 for specific reasons related to the pandemic.

During the entirety of a public health emergency (until four weeks after the public health emergency ends), full-time employees who are unable to work or telework are eligible for up to eighty (80) hours of PHEL (regular base pay).

Employee EligibilityAll employees (including hourly) – immediately upon hire.
Qualifying Reasons

1. Needing to self-isolate because the employee is diagnosed or experiencing symptoms of the communicable disease (COVID-19);

2. Seeking or obtaining medical diagnosis, care or treatment, preventative care, or care of such illness (including receiving a vaccine and dealing with vaccine side effects);

3. Being exposed to, or experiencing symptoms of such illness (COVID-19);

4. Being unable to work due to a health condition that may increase susceptibility or risk of such illness;

5. Caring for a child or other family member for reasons 1, 2, or 3 above, or whose school, child care provider, or other care provider is either unavailable, closed, or providing remote instruction due to the public health emergency; or

6. Closure of the temporary employee’s work location, and work cannot be performed remotely.

Leave Entitlement

Up to 80 hours (prorated for part-time) of paid, job-protected leave can be used for any one or all of the reasons during the entirety of a public health emergency.

Employees who exhausted the federal Emergency Public Sick Leave (EPSL) are eligible. PHEL does not extend Family Medical Leave.

Intermittent LeavePHEL may be used intermittently subject to supervisory approval.
Documentation

Documentation cannot be required. However, employees are required to notify their supervisor of the need for leave as soon as practicable by following the department’s normal procedure for requesting leave.

The PHEL Notification Form may be used by employees to notify their supervisor the need for leave, but should not be considered requested documentation.

TCP Reporting

Record time using Job Code: CO Pub Health Emergency Leave

If the employee is salaried, no Project is selected. If, however, the employee is an hourly, bi-weekly employee, the entry will require a Project. The projects available are assignment numbers—choose the Project corresponding to the assignment number from which the employee is taking leav

A qualifying exigency arising out of the fact that the employee’s spouse, domestic partner, son, daughter, or parent is a covered military member on “covered active duty.” Eligible employees have job protected time off for up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent or next of kin.

Forms

Genetic Information Nondiscrimination Act of 2008 (GINA) Disclosure Statement for Employee/Applicant

Pursuant to GINA’s “safe harbor” provision in 29 CFR § 1635.8(b)(1)(i), the following language must be included with
any request for employment-related medical information or examinations (e.g., FMLA for employee, ADA, Fitness for-Duty exams, Workers’ Compensation exams, post-offer/pre-employment exam, etc.) for the individual’s own condition.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.



Genetic Information Nondiscrimination Act of 2008 (GINA) 
Disclosure Statement for Family Member

Pursuant to GINA’s “safe harbor” provision in 29 CFR § 1635.8(b)(1)(i), the following language must be included with any request under the FMLA concerning a spouse, parent, or child’s medical condition.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. However, please be advised that GINA Title II does allow you to provide information about the medical condition of an employee’s spouse, parent or child to certify the need for leave under the Family and Medical Leave Act (FMLA).

Resources:
FML Poster
FML Tracking Spreadsheet
FML Checklist

Contact
MyHR@colostate.edu
Fax (970) 491-6302
Phone (970) 491-6947