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FMLA and bonus Rhode Island

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  • FMLA and bonus Rhode Island

    I am on FMLA right now and a pay for performance bonus will be distributed to staff soon although I will not be released medically at that time. This bonus is for the dates of 2008 through 2009 of which I worked. Employer is telling me I will not receive this bonus until I return to work however if I do not return by my 12 week deadline I will be terminated by their choice, is it legal for them to not give me my bonus for which I worked hard for?

  • #2
    That depends.

    If someone who was absent on non-FMLA leave would not get the bonus, then you do not have to be given the bonus. If someone on a non-FMLA leave would still get it, then you have to be given it.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree - performance bonuses & FMLA
      Sec. 825.220 (b) and (c)
      example -A monthly production bonus does require performance by the employee. If the employee is on FMLA leave during any part of the period for which the bonus is computed, the employee is entitled to the same
      consideration for the bonus as other employees on paid or unpaid leave
      (as appropriate).
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        FMLA and bonus

        Thank you for the replies. Just to clarify, I was NOT on FMLA during the dates of performance, I worked full time. The bonus is being dispersed while I'm on FMLA.

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        • #5
          Ok, then cbg's answer would still apply though.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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