Legal Question in Medical Leave in California
Employer with held benefits while on FMLA
While on an approved FMLA absence from work my employer used that to withhold bonus payment for year long ''Performance'' review. This not only with held bonus money payment but also took away chance of promotion and I was told that if I didn't take a demotion I would be terminated. Is this legal? Can I seek retribution?
1 Answer from Attorneys
Re: Employer with held benefits while on FMLA
It is illegal to discriminate against an employee who takes time off under medical/family leave laws. Employers are required to allow employees to return under the same terms and conditions upon which they went out on leave, with very limited exceptions. However, if your bonus,lack of promotion or demotion,are based on factors that have nothing to do with your medical leave, such as performance issues, employers are still permitted to make legitimate discretionary decisions. You should seek the advice of local counsel, so you can fully describe your situation, for a better assessment of what you can do or not do.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
