Legal Question in Medical Leave in Florida
Bonus Payments During FMLA
My company has a bonus plan that is departmental and performanced based. My department reached all its goals during quarter 2, and I was there during the entire 2nd quarter and contributed toward reaching those goals. Early in Q3 I began having preterm contractions and had to begin my FMLA leave for pregnancy before the baby was born. The bonuses for Q2 were distributed half way through Q3, and they did not pay me my bonus because I am not an ''active'' employee, I am on FMLA. There is a clause in our bonus plan description that states that the employee must be an active employee at the time of bonus distribution to be eligible. I believe the intent of this is to prevent employees who leave the company or are terminated from collecting their bonus, but they are using it to keep their measley $350 bucks. Can they do this?
1 Answer from Attorneys
Re: Bonus Payments During FMLA
First, congratulations on the baby! I hope mother and child are healthy and doing well.
As for the FMLA question, although there is no black and white answer under the regulations, I believe you are entitled to the bonus payment for three reasons.
First, the regs at 29 CFR (code of federal regulations) section 825.100(c) specifically state that "the taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of the leave." That arguably includes the bonus payment. The employer could argue that "benefits" only includes things such as health and life insurance, but the language in the act seems broader than that as it discusses "any benefit," not just health or other "benefits."
Second, 825.220(c) says that "employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions. . . ." The term "employment actions" is broad and arguably covers bonus payments.
Third, 825.220(a) says that "the FMLA prohibits interference with an employee's rights under the law ...." Arguably, denying a bonus forces an employee to choose between the bonus or the leave, and thus interferes with the exercise of FMLA rights.
Taken together, these sections and all the regs indicate that an employee should not lose benefits or pay just because of the leave. I think the employer is violating both the spirit and the actual language of the law and should pay the bonus.
You might ask your employer to consider these arguments and run it by their counsel. If they refuse to pay, you can file a free complaint with the local office of the US Dept. of Labor.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm*
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
* The author is a government attorney and maintains "The Sheldon Law Firm" for purposes of giving pro bono (free) advice and other limited purposes allowed by law.
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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.
