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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I'm pregnant and not entitled to maternity leave with my new

Customer Question

I'm pregnant and not entitled to maternity leave with my new employer. And they don't cover insurance benefit premium payments for my family, so any disability I get (after taxes) will likely go back to them to keep my dependents covered while I'm on state DI, which doesn't leave much. However, my employer offers up to 3 weeks of consecutive PTO. And The total amount of PTO allowed in a year is unlimited. Could I take the 3 weeks of PTO, add an additional 3 weeks of DI, equaling 6 weeks off, and go back to work? Then, take a PTO day here or there as needed without loss of pay or benefit coverage? This is my second child and my husband stays at home with my son, so I have no qualms about returning early, just checking that I'm on safe legal footing with this plan.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can take off the PTO only with the employer's consent. So you could take the 3 weeks PTO if the employer approves and tack that onto the 3 weeks DI. This is purely discretionary to your employer, since PTO is not covered under state law or federal law, so rules on use are left to the employer.

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