State Classified

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 13 workweeks (12 weeks Federal, 1 week State FML) (520 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. paid FML, 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 disability, parental leave, workers compensation and leave without pay).

Eligibility

In order to be eligible for FML, you must meet certain criteria (12-months of CSU service and an hour worked requirement), including experiencing an FML qualifying reason. All potential FML leave reasons should be reported to your department HR Professional to determine eligibility. Refer to the FML Checklist (pdf) for additional information on eligibility.

Qualifying Reasons

  • 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, 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 State FML policy, a “family member” is considered a parent, child or spouse. Child for health-related FML is defined the same as under sick leave (under 18 or over 18 if incapable of self-care due to a physical or mental disability at the time leave is to commence).

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

 

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.

Refer to the FML Checklist (pdf) for additional information on 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, 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 State FML policy, a “family member” is considered a parent, child or spouse. Child for health-related FML is defined the same as under sick leave (under 18 or over 18 if incapable of self-care due to a physical or mental disability at the time leave is to commence).

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.

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.

State classified employees who meet eligibility for FMLA are eligible for Paid Family Medical Leave (PFML), effective January 1, 2021.

Q. What is PFML?

A. Full-time employees are eligible for up to 160 hours of paid leave (prorated for part-time employees) per rolling 12 month period, when employees are eligible for job-protected leave under FML (updated to 160 hours as of 7/1/22).

Q. For what reasons can it be used?

A. PFML is paid leave that runs concurrent with FML, therefore the eligibility is the same (with the addition of Safe Leave). 

  • Birth or Adoption
  • Employee’s Own Serious Health Condition
  • Family Members Serious Health Condition
  • Safe Leave (individuals experiencing domestic violence, abuse, etc.)

Q. When can PFML be used?

A. The leave must used prior to all accrued leave. When FML applies, it runs concurrently. PFML is an entitlement that does not have an opt-in or opt-out provision or flexibility to use at the discretion of the employee. 

Q. Does PFML extend my FML entitlement?

A. No. PFML runs concurrently and does not extend the FML entitlement.

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 (not applicable for retirement, health savings or flexible spending accounts).

When the reason for FML is due to your own serious health condition, a a Fitness to Return Certification is required if an absence is more than 30 days per State Rule 5-9. The form must be completed by your health care provider. The delay of or failure to obtain a Fitness to Return 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.

The Family and Medical Leave Act was amended in January 2009 to include Military Family Leave and the State provides for up to thirteen weeks of leave for additional circumstances.

Certifications

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).