CU System Administration complies with the Family Medical Leave Act (FMLA) of 1993, which means you can take up to 12 weeks of time off in a rolling 12-month period and be assured your job is protected during leave taken for one of the following reasons:
- the birth and subsequent care of a baby
- the placement and care of a child in adoptive/foster care
- a serious health condition of an employee’s spouse, domestic partner, child or parent
- your own serious health condition
- care for a parent, spouse, civil union partner, domestic partner, child or next of kin who is an injured service member
- a qualifying exigency when your parent, child, spouse, civil union partner or domestic partner is called up for active military duty
* A serious health condition is defined as: "an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.”
Effective April 1, 2020, expanded family and medical leave include those caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.
Find out if you qualify:
A classified employee is eligible to take up to 13 weeks (520 hours) of family medical leave per a rolling 12-month period, so long as that employee has one year of total state service as of the date leave will begin.
University staff may take up to 12 weeks (generally 480 hours) of family medical leave per a rolling 12-month period, so long as they have been employed by the University for at least 12 months and have worked at least 1,250 hours during the most recent 12-month period.
There are two forms of military leave: to care for an injured service member or leave when a family member is on active duty.
The Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act are subject to ongoing updates from the U.S. Department of Labor (DOL); leave granted under these laws is subject to change in accordance with updated guidance.
The FMLA has been amended to allow U.S. workers to take up to 12 weeks of job-protected leave if the employee is unable to work or telework due to a need to care for a child under 18 years of age because that child's school or place of care is closed or the child's child care provider is unavailable due to a public health emergency with respect to COVID-19.
Eligible Employee: Any full-time or part-time employee regardless of funding source that has been on the employer's payroll for 30 calendar days.
Restoration to Position after Leave Ends: Emergency FMLA leave is job-protected, meaning the employer must restore an employee to the same or equivalent position upon their return to work.
*Employees should note that there may be exceptions to the general rule that they will be restored to work. These expectations include layoffs, shift elimination, fradulently obtaining leave, and occasions when the employe is unable to perform essential job functions.