My wife is out on Maternity Leave. If they were to pay a Christmas Bonus to all the other employees but her, would she have grounds for a potential discrimination suit?

Thanks.

That would depend.

If she would also have forfeited the bonus if she were out with pneumonia or a broken leg, that's legal. If other employees who are out on medical leave also forfeit it, that's legal. It's only illegal if she is singled out not to receive the bonus BECAUSE of her pregnancy.

That would depend.
It's only illegal if she is singled out not to receive the bonus BECAUSE of her pregnancy.

As of right now, that seems to be the case....

Brian

That would depend.

If she would also have forfeited the bonus if she were out with pneumonia or a broken leg, that's legal. If other employees who are out on medical leave also forfeit it, that's legal. It's only illegal if she is singled out not to receive the bonus BECAUSE of her pregnancy.

I think there may also an FMLA angle here, cbg (if the wife's medical leave is FMLA.) FMLA leave has to basically be "invisible" for all intents and purposes, employment-wise.

Not if employees on non-FMLA leave are also denied a bonus. I've discussed that issue specifically with the DOL. FMLA does not have to be invisible to the point where employees on FMLA leave receive a benefit that is denied to employee who are on non-FMLA leave.

Absolutely agree. If all employees on any time of leave are denied the bonus, then there's no FMLA angle but chances are that's not the case an an employee who took/is on jury duty or funeral leave (for example) are getting the holiday bonus. If that's the case, then it appears there may also be a violation of the FMLA as well as a pregnancy discrimination claim.

At this point, we don't even know if FMLA applies, let alone how employees on non-FMLA leave were treated.

Also, how many employees are there and is there another reason your wife is not getting the bonus?

Not sure how it works where your wife works but we do not pay our holiday bonuses to anyone who did not work (or take paid time off) in the pay period that they are handed out. This is a straight accross the board thing. My 1 day a week helper has been out for 3 weeks due to surgery and did not get her bonus and the person who has worked for us FT for 2 years who has been out on extended maternity leave (8 months) also did not get one. Just the way it works.