It is the intention of CSP to support to the greatest extent possible, and in a manner consistent with the effective and efficient operations of CSP is committed to providing Family and Medical Leave (FML) to eligible employees in accordance with the Federal Family and Medical Leave Act of 1993 (Final Rule issued April 1995). Eligible employees are entitled to a total of up to 12 work weeks of unpaid Family and Medical Leave during a 12-month “leave year.” For any FMLA absence, an eligible employee is required to use accrued sick leave and/or Paid Time Off.
The Federal Family and Medical Leave Act (FMLA) prohibits any University employee or supervisor/administrator to:
- Interfere with, restrain or deny the exercise of any right provided under the FMLA; and
- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Employees eligible for family and medical leave are those who:
- have been employed for at least 12 months;
- have worked at least 1,250 hours during the previous 12-month period
- have not exhausted their entitled hours through use of prior FMLA-covered absence
An employee may take unpaid leave for the following reasons:
- incapacity due to pregnancy, prenatal medical care, or childbirth;
- to care for the employee’s child after birth or the placement of a child for adoption or foster care;
- the care of a child, spouse or parent (“family member”) who has a serious health condition;
- the serious health condition of the employee that makes the employee unable to perform the job; or
- because of any Qualifying Exigency (See Military Family Leave).
For purposes of FMLA leave, based on any of the reasons described above, the 12-month period is a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave.
Length of Leave
An eligible employee may be entitled to up to 12 weeks of unpaid leave within a 12-month period without loss of seniority or benefits. The amount of leave available to an employee at any given time will be calculated by looking back at the amount of leave taken within the 12-month period immediately preceding the requested leave. Exceptions to this limitation may be considered where a reasonable accommodation of a qualifying disability is requested.
An employee who fails to return to work immediately following expiration of the authorized leave period is subject to being released from employment. All leave taken under this policy and leave for any other reason which would qualify under FMLA (e.g. workers’ compensation leave) will be counted against the employee’s leave entitlement under FMLA.
Substitution of Paid Time Off
The FMLA permits employers to require employees to use accrued paid time off at the same time they are taking unpaid FMLA leave. During family or medical leave provided under this policy, an employee must first exhaust all available Paid Time Off before continuing such leave on an unpaid basis. Where applicable and permissible, FMLA leave will also run concurrently with pregnancy and parenting leave and other types of paid or unpaid leave (e.g., worker’s compensation leave, disability leave) that are required by state or other law.
Employees must contact the Director of Human Resources to request leave. Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with CSP’s normal call-in procedures in accordance with the Attendance and Punctuality Policy.
Employees must provide sufficient information for CSP to determine if the leave may qualify for FMLA protection and to determine the anticipated timing and duration of the FMLA leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the Director of Human Resources if the requested leave is for a reason for which FMLA leave was previously taken or certified.
If an employee fails to comply with the responsibilities described above, FMLA leave may be denied or delayed.
CSP will inform an employee requesting leave whether he or she is eligible under FMLA. If he or she is eligible for FMLA leave, CSP will notify the employee of any additional information, including medical or other certification, that CSP requires to approve the FMLA leave as well as notify the employee of his or her rights and responsibilities. If an employee is not eligible, CSP will notify the employee of a reason for the ineligibility.
CSP will inform the employee if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If CSP determines that the leave is not FMLA-protected, CSP will notify the employee of this fact.
If an employee requests a leave of absence because of a serious health condition of the employee or the employee’s “family member,” the employee must submit to the Director of Human Resources written medical certification from a health care provider documenting the serious health condition. Additionally, when an employee requests leave due to a qualifying exigency or leave to care for a covered service member with a serious illness or injury, CSP may require a certification in support of the request. The Director of Human Resources will provide the appropriate certification form to employees when FMLA leave is requested or applicable. Failure to provide such certification upon request may result in a denial or a delay of leave.
CSP reserves the right to require that the employee receive a second (and possibly a third) opinion from a health care provider (at CSP’s expense) certifying the serious health condition of the employee or the employee’s “family member” as allowed under the FMLA. CSP reserves the right to require an employee to provide CSP with recertification of the medical condition for which leave is taken.
Before being returned to work, an employee who is on a leave of absence as a result of his or her own serious health condition must submit a health care provider’s written certification that the employee is able to return to work. Failure to provide such certification may result in the delay or denial of job restoration.
During the employee’s leave CSP may also periodically inquire as to the employee’s intent to return to work.
Intermittent or Reduced Schedule Leave
Leave taken because of the serious health condition of an employee or his/her family member may be taken on an intermittent or reduced schedule basis when medically necessary. Leave due to qualifying exigencies may also be taken on an intermittent basis or reduced schedule. If CSP, in its sole discretion, consents, leave taken after the birth of a healthy child or placement of a healthy child for adoption or foster care in the employee’s home may be taken intermittently or through a reduced work schedule. An employee’s entitlement to FMLA leave for a birth or placement expires at the end of the 12-month period beginning on the date of the birth or placement of the child.
If an employee seeks leave on an intermittent or reduced schedule basis, the employee must submit medical certification, as discussed above, and additional certification from the health care provider that the intermittent or reduced schedule leave is medically necessary. CSP may require an employee taking intermittent or reduced schedule leave to transfer temporarily to an alternative position if the position has equivalent pay and benefits for which the employee is qualified and the position better accommodates the recurring periods of leave, to the extent permitted by applicable law.
When planning medical treatment, an employee must consult with CSP and make a reasonable effort to schedule the treatment so as not to disrupt unduly CSP’s operations, subject to the approval of the health care provider.
During the employee’s family or medical leave of absence, CSP will continue to provide health insurance coverage for the employee under the same terms as if the employee had continued to work; however, the employee will remain personally responsible for paying the employee’s portion (if any) of the health plan insurance premiums covered in our policy. Such payment may be made directly to the Human Resources Department. If the employee does not, for reasons within his or her control, return from leave and work at least 30 calendar days, CSP has the right to seek reimbursement for its share of health plan premiums that were paid by CSP during any unpaid portion of the leave.
In accordance with this policy, upon return from family or medical leave, the employee will be returned to the same or equivalent position with no reduction in compensation or loss in benefits which accrued prior to the leave of absence. An employee who does not return to work at the end of an authorized leave is subject to being released from employment.
In most circumstances, upon return from FMLA leave an employee will be restored to his or her original or equivalent position with equivalent pay, benefits, and other employment terms. If, however, during the FMLA leave an event occurs that would have terminated or altered the employment of the employee had he or she not been on leave (e.g., a reduction in force or elimination of shift), the employment, leave rights, employment conditions, or restoration rights of that employee will terminate at the same time as if the employee had not been on leave.
Extended Disability Leaves
If a period of disability continues beyond the 12 weeks provided for within the Family Medical Leave of Absence section, an employee may apply in writing for an extended disability leave.
CSP encourages any employee who believes that the FMLA leave law has been violated to report the problem to the Director of Human Resources. All complaints will be promptly investigated.
Prohibited Acts Enforcement
FMLA makes it unlawful for any employer to:
- Interfere with, restrain, or deny the exercise of any right provided under FMLA; and
- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to the FMLA.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
It is the intention of CSP to support to the greatest extent possible, and in a manner consistent with the effective and efficient operations of CSP, employees who have special needs for reasons of pregnancy, childbirth, infant care, adoption, foster care, family care for the employee’s spouse, child or parent with a serious health condition.
Last modified: February 5, 2019