Family and Medical Leave

State Classified

Forms & Notices

• FML Poster (Spanish)
  Employee rights and responsibilities under the Family and Medical Leave Act
• Notice of Eligibility and Rights & Responsibilities
• Designation Notice

Medical Certifications

• Employee's Health Condition
• Family Member's Health Condition
• State Personnel Rights & Responsibilities

GINA Safe Harbor Statements

Genetic Information Nondiscrimination Act of 2008

• Employee
• Family Member

Summary

Family and Medical Leave (FML) is an unpaid leave intended to allow eligible employees to take time off from work for qualifying family and medical events in accordance with the Family and Medical Leave Act of 1993.

• Per CSU policy FML runs concurrently with other applicable paid leaves (sick/annual/injury/STD)
• Typically, sick leave (subject to regular sick leave provisions) and annual leave (unless receiving STD) must be used before an employee can be placed on unpaid leave during FML
• Requires the employee be returned to the same position or an equivalent position after taking the leave including pay, employment benefits, and terms and conditions.

In conjunction with the Family Medical Leave Act, the State provides for up to thirteen weeks of leave under specific circumstances:

• Birth and care of a newborn
• Adoption or foster care or placement of a child
• Care for the employee’s spouse, son or daughter (under 18), or parent who has a serious health condition
• Serious health condition of the employee

Additional Information

• Family/Medical Leave Information
  Colorado State Personnel System
• HR Manual, Section 3
• Frequently Asked Questions

Military Family Leave

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.

• Qualifying Exigency Leave
• Military Caregiver Leave (may extend up to 26 weeks)

Certifications

• Qualifying Exigency
• Serious Injury or Illness of Current Servicemember

Fitness to Return

State Rule 5-9 indicates a Fitness to Return Certification is required if an absence is more than 30 days for the employee’s own condition.

The certification may be required for absences of 30 or fewer days when it is a business necessity given the nature of the condition in relation to the assignment. It cannot be required for those taking intermittent family/medical leave.

Failure to provide a fitness-to-return certification as instructed could result in delay of return, a requirement for a new medical certification, or administrative discharge as defined in the next rule.

Departmental Responsibility

It is the responsibility of the department to:

• Determine if leave is for a FML qualifying reason.
• Notify employee that leave may be eligible for FML within five (5) business days of the request for leave, or the date you acquire knowledge that the employee's leave may be FMLA eligible.
• Maintain records and documents relating to medical certifications of employees created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files.
• Send copies of FMLA information to the HR Benefits Office.