Am I required to take a week ofPTO before short term disability kicks in before the birth of my child?

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Am I required to take a week ofPTO before short term disability kicks in before the birth of my child?

I have STD through my company, and they want me to use a week of PTO, on the down time before my STD starts. This will leave me with no PTO when I return to work.

Asked on February 1, 2012 under Employment Labor Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You actually do have to exhaust your time in many companies and collective bargaining agreements. However, your short term disability can usually be collected simultaneously (minus any waiting periods which are either one or two weeks). This means you should be able to collect your regular salary for the days and times you have and the applicable disability benefit to get a double pay. Check with your state labor department about any recent decisions or policies on this issue but you may be required to take that time if PTO is also considered both your vacation and medical.


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