Welcome to the Department of Human Resources
Family & Medical Leave Act
Date Posted: 08/23/2004
The Family and Medical Leave Act was enacted on February 5,1993 by the United States Congress. According to the Department of Labor, “FMLA allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons.” Congress also proposes FMLA will minimize the potential for employment discrimination by allowing gender-neutral leaves in order to uphold the Equal Protection Clause of the Fourteenth Amendment. This gender–neutral entitlement allows employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse or parent who has a serious health condition.
FMLA provides employees up to 12 weeks of unpaid job protection and continued insurance coverage for medical leave. FMLA applies to all CSU employees who have worked at CSU for at least 12 months and have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave.
FMLA leave may be taken for:
- The birth of a child and the care of the newborn (If both spouses are employed by the University as eligible employees, they are entitled together to a total of 12 weeks of leave.)
- The placement of a child with an employee in connection with the adoption or state-approved foster care of the child.
- The serious health condition of a child, parent, or spouse of the employee.
- A serious health condition of the employee.
FMLA is unpaid leave. However, an employee must use all accrued paid leave balances (including sick leave and vacation) while taking family and medical leave, unless the employee is receiving temporary disability benefit payments or workers’ compensation benefits. The use of accrued sick leave is, however, restricted to those circumstances that would otherwise qualify the employee for sick leave usage under state law and university rules and regulations governing the use of sick leave.
See the Family &
Medical Leave Handbook Guide for additional information.