Service Member Care Leave SMCL for a covered service member with a serious injury or illness, if the employee is the spouse, registered domestic partner, son, daughter, parent, or next of kin of the service member. Employees who request CSU FML leave to care for a qualified family or a service member with a serious health condition are required to use eligible vacation credits, Personal Holiday and CTO unless specifically excluded by collective bargaining agreement prior to going on any unpaid portion of CSU FML.
An employee may use sick leave by mutual agreement pursuant to collective bargaining agreement. For intermittent leave or leave on a reduced work schedule, there must be a medical requirement for that type of leave as distinguished from voluntary treatments and procedures and such medical need must best be accommodated through an intermittent or reduced work schedule. An employee may not waive or deny FML; failure to comply may result in the use of unauthorized leave e.
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. This is especially important when the use of FML is intermittent. 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.
When the reason for FML is due to your own serious health condition, a Release to Return may be a signed and dated note from your health care provider is normally required to return following FML. The delay of or failure to obtain a Release 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. Details related to both types of leave are outlined below. CSU encourages employees and supervisors to use flexible schedules to work on-site or telework and supplement with intermittent leave as needed. A serious health condition that makes the employee unable to perform the essential functions of his or her job; or Any qualifying exigency arising out of the fact that the employee's spouse, domestic partner, son , daughter, parent or next of kin is a covered military member on "covered active duty;" Or 26 workweeks of leave during a single 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 military caregiver leave.
Employees on FML have the right to return to the same or an equivalent position. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act.
Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services. The mission of the U. Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.
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