Did My Employer Violate My Rights By Denying Me a Bonus After I Took Leave?
Sometimes employees who take leave under the Family Leave and Medical Act (FMLA) return to work and continue at their previous jobs only to learn months later that they are not receiving the yearly bonus they expected. You may know that the FMLA permits eligible employees who work for covered employers to take up to 12 weeks of unpaid, job-protected leave each year, and that the FMLA also prohibits employers from retaliating against employees who exercise their rights under the FMLA. Accordingly, if you took FMLA leave and were denied a bonus, you may be wondering: is this retaliation?
The answer to that question is not as straightforward as it may seem. Whether or not your employer can lawfully deny you a bonus after you took FMLA leave will depend on the specific facts and the context. Our Palm Beach Gardens FMLA attorneys can explain in more detail.
Employer May Be Permitted to Deny a Bonus if FMLA Leave Employees Are Treated Equally to Other Non-FMLA Leave Employees
In work situations where an annual bonus is based on the achievement of particular goals, such as the total number of hours worked, perfect attendance, products made or sold, or other specific achievements, an employer may be able to deny your bonus if you took FMLA leave (and thus could not meet the goal). However, in order to lawfully deny your bonus, you must be treated equally to other employees who took non-FMLA leave. In other words, you cannot be denied a bonus if another employee took leave under another law or workplace policy and received the bonus.
As the US Department of Labor (DOL) explains it, if the employer has a policy that employees who take unpaid leave are disqualified from receiving a bonus, then any employee who falls into that category must be treated the same with regard to the bonus. For example, if you took FMLA leave and another employee took non-FMLA leave — and both leaves resulted in both employees being unable to achieve the employer’s goals associated with the bonus — both would need to be denied the bonus. If only the employee who took FMLA leave was denied the bonus, then the employer could potentially be engaged in retaliation.
FMLA and Employer Retaliation
Sometimes employers retaliate against employees for taking FMLA leave. If you were subject to adverse treatment and you believe it is because you took FMLA leave, it is important to seek legal advice. In some instances, as we noted above, refusing to pay a bonus could be a form of retaliation, but it will depend on the circumstances.
Contact Our Palm Beach Gardens FMLA Lawyers
If you have questions about your rights regarding FMLA leave, or any concerns about wage theft or retaliation, it is important to seek legal advice from an experienced Palm Beach Gardens FMLA attorney at Sconzo Law Office who can assess the specific facts of your case. Do not hesitate to get in touch with us to find out more about how we can assist you.
Source:
dol.gov/agencies/whd/fmla/faq