I’ll be going out on maternity leave later this year. Our employee handbook states that I am eligible for 8 weeks paid leave (“full pay will be extended for eight weeks for parental leave”), and I can combine it with vacation time, and they will try to accommodate 12 additional weeks of unpaid leave. Available FMLA must be used concurrently with this policy.

My questions:
- I am paid a base salary plus profit share based on the department’s performance. Does the “full pay” mean that I receive my profit share while out on paid leave? How about unpaid leave? Profit share is accrued during vacation time.

- Is there a rule of thumb regarding an employee’s involvement with the job while out on leave? For instance, is it reasonable for my employer to expect me to carry on doing certain duties while on paid or unpaid leave? I know some large corporations want their employees to be disassociated from the job while on leave, but other organizations desire a level of engagement. What is a reasonable amount of work for my employer to expect me to do while out, and what is reasonable for me to say no to?

- Regarding the FMLA coverage, I am one of the top 10% paid employees in the company, and according to the handbook may be denied job protection. Given that I am on parental leave concurrently with FMLA, am I still at risk of being denied job protection?

Many thanks. I have these questions posed to my employer but haven’t yet received answers, and would like some outside knowledge as well.

Whether your base salary alone is paid or whether other forms of compensation are included is entirely up to your employer. None of the time needs to be paid under the law, so anything they do pay it entirely their choice.

Employers can not require you to work while on FMLA, however it appears you plan to take much longer than 12 weeks. What is required once those 12 weeks is up is entirely up to your employer. Realistically, few employees, particularly those in senior level positions disassociate entirely from the office while on leave of any kind. I would talk to your employer about what is expected and reasonable, particularly since you are being paid for some of this time. Perhaps you would be ok with handling emergency calls only, or checking in once a week. If you don't wish to be bothered at all while on leave, I would also make that known up front. It may change how your employer prepares for you to be out.

You are correct if you are a "key employee". No one here can guess what your employer may opt to do, so you will need to speak to them. There is nothing that says they can not restore you, only that they aren't obligated to.