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 member* who 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.