Legal Question in Employment Law in California

I was asked to submit a drs note for my pregnancy condition. I did so Monday, when I was scheduled to come back to work. I was then told it was not specific enough (how long I can sit, stand, walk, etc) so they sent me home and told me to get a better note. I submitted to my drs office. I should have it by tomorrow afternoon (Thursday). I have been trying to get back to work but they will not let me return. Can they charge me PTO time for these days? I am an exempt salaried employee.


Asked on 7/24/13, 5:03 pm

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

They may be able to charge you PTO for the day off since they have a right to know if you can work, what limitations, if any, so as to make sure you don't danger yourself, your baby or anyone else. The bigger issue may be if they are not allowing you proper time off because of your pregnancy or any pregnancy complications. CA law requires employers to not discriminate/harass/retaliate against an employee because of her pregnancy or related conditions. You may be entitled to up to 12 weeks of unpaid leave if you qualify for FMLA PLUS up to 4 months additional unpaid leave if you experience pregnancy related complications. Call an employment law attorney to discuss if you feel you are not being allowed eligible time off or if you feel you are being mistreated. Many of us offer a free initial phone consultation. Also, IF the company has a policy of requiring use of earned PTO if you don't work a full business day, they can charge you PTO bank, but if they have no established policy, call an employment law attorney.

Read more
Answered on 7/24/13, 5:14 pm
Charles Perry Law Offices of Charles R. Perry

I agree completely with Ms. Karila. Your employer is within its rights to ask for more information about your ability to work. On the other hand, discrimination on the basis of pregnancy is unlawful.

If your employer was within its rights to send you home, then it has a right to charge your PTO account. Based solely on what you wrote, it appears your employer's conduct was appropriate. On the other hand, there may be more facts out there that change this analysis.

Best of luck to you.

Read more
Answered on 7/24/13, 10:47 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California