Legal Question in Medical Leave in California
flma verses medical leave and quarterly profit sharing
While I was out on the FMLA, the company policy was amended to include profit sharing payments for medical leaves. I was told they wanted to provide payment for one individual in particular, but would cover all medical leaves. However, they do not want to pay me profit sharing as I used the FMLA leave to take care of my wife and 3 childern after her surgery. I questioned the inconsistent treatment, and lack of clarity in this policy. Can you advise if my employee can separate between medical leaves and family leaves, and if they can verbally explain their intent and state they plan to rewrite the policy to specifically exclude family leave verses medical leaves.
1 Answer from Attorneys
Re: flma verses medical leave and quarterly profit sharing
It cannot be determined from your facts whether the employer did anything wrong. Under FMLA, or its California equivalent, an employer does not have to pay employees for time off, other than exhausting accrued vacation and sick time available. The terms of the company's policies will have to be examined, as well as a better understanding of why the employee you refer to qualifies for payment of profit sharing, to form an opinion regarding your question. However, if the policy is designed to discriminate against person on FMLA, as opposed to other leaves, there may be a violation of law. That just cannot be determined here.
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.
