The Family and Medical Leave Act (FMLA) allows workers who meet specific qualifications to take time off from work because of the birth or adoption of a child, for serious medical conditions, to care for a loved one with a serious illness, while a loved one is deployed with the military, or to care for a family member injured while serving with the military.
If you receive bonuses at work, you will be wondering if you can continue to receive your bonuses while you are on FMLA leave.
The FMLA says that an employee who takes leave is entitled to be reinstated to the same job or to its equivalent with the same pay and benefits when he or she returns to work. That is saying that you are entitled to any automatic bonuses or raises that you are awarded while you are on leave.
So, yes, you can, and you should receive your bonuses while you are on leave.
You need to make sure you understand the different kind of bonuses and know if any bonuses are considered automatic – or an agreed part of your salary so you can make sure you are paid what you are supposed to receive while you are on leave.
You don’t want to miss out on any compensation that you are entitled to be awarded.
The Bonus Requirements
Please note that any automatic bonuses or pay raises you are entitled to. If these are not automatic, then you may not receive them.
As an example, if there is a bonus for making a specific amount of sales during a timeframe and you don’t attain that level of sales because you are on leave, you will not receive that bonus or be compensated as if you were entitled to receive it.
If there is potential for a performance bonus, or a bonus for reaching set goals and you are on leave during that time and don’t attain those goals or meet those requirements, then you are not guaranteed those bonuses.
You should maintain thorough records and supporting documentation so you can show that you were entitled to specific bonuses.
So, depending on the specific details surrounding a bonus, you may - or you may not - be entitled to receive it while you are on leave.
If you have any questions regarding whether you are entitled to a specific bonus, you should talk with your manager or with human resources. If you don’t think that they give you a satisfactory answer, then you should speak with an attorney who handles employment law matters.
When Can I Receive A Bonus When On Leave?
Automatic bonuses, such as guaranteed quarterly or annual bonuses or holiday bonuses are to be given while you are on leave.
These are considered automatic and a classified as part of your salary. If you are on approved FMLA leave, then your employer should make sure you receive your bonus as required by law.
If you don’t receive these bonuses and they were given out, then you should ask your manager or human resources if there was an oversight and give them the chance to correct the mistake.
If even after talking with the payroll department or a supervisor you are denied your bonus, you should enlist the help of an employment law attorney who handles FMLA matters. An attorney will be able to gather supporting evidence and get your claim on track.
How An Employment Law Attorney Can Help Your Claim
If you haven’t received your bonuses that you were entitled to receive while you were on FMLA leave, you should enlist the help of an employment law attorney who handles FMLA matters in your area.
An attorney will help you gather supporting documentation and evidence, so you can make sure your claim is on the right track and will work to make sure you are treated fairly and recover the compensation that you are entitled to receive per employment laws.
When you talk with an attorney, make sure you understand how they are compensated and when they expect payment.
Some employment law attorneys take cases on the contingency basis, and in that case, they are not going to be paid until you win your case and recover compensation for your damages.
To make sure your claim is on the right track, complete the Free Case Evaluation Form on this page today.
