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Bonuses Under the FMLA

 

Keep your company compliant when dealing with the effect of FMLA upon bonuses.

Most managers, employees, and HR professionals are confident that FMLA leave can't be used against them, even if they know little else about the FMLA. Generally speaking, that's right. But many further assume that general principle means FMLA leave can't be used to disqualify employees from receiving bonuses or other financial incentives. Sometimes that's right, but many times it's not. The FMLA rules for distinguishing between permissible and impermissible bonus decisions have changed over the years, but the old rules continue to crop up, and employees continue to advance new arguments. This topic explores and explains compliant bonus qualification standards, helps identify potential dispute scenarios, and prepares you to explain and defend your bonus programs in individual employment situations.

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Bonuses Under the FMLA

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Bonuses Under the FMLA

Faculty

Joseph C. Pettygrove

Joseph C. Pettygrove

Kroger, Gardis & Regas, LLP

  • Partner at Kroger, Gardis & Regas, LLP and chair of the firm’s employment law practice, counseling and representing business owners, executives, supervisors, and human resources professionals on individual employee matters, group separations, investigations, policy development, payroll practices, contractor/employee classification, and other compliance issues
  • Regularly provides day-to-day counseling all aspects of the employer-employee relationship; creates and reviews employment agreements, noncompete/restrictive covenants, employee handbooks and other personnel policies with an eye toward ensuring both legal compliance and operational and strategic flexibility
  • Offers customized client training in areas such as FMLA and ADA compliance, EEO/anti-harassment training, classification, performance management and Indiana's unemployment compensation system
  • Represents clients in federal and state courts as well as before the Equal Employment Opportunity Commission (EEOC) and other agencies regarding issues under: National Labor Relations Act (NLRA); Title VII; Family Medical Leave Act (FMLA); Americans with Disabilities Act (ADA); Age Discrimination in Employment Act (ADEA); Fair Labor Standards Act (FLSA); covenants not to compete; wage/hour claims; wrongful discharge claims and unemployment matters
  • J.D. degree, magna cum laude, Indiana University Robert H. McKinney School of Law; B.S. degree, summa cum laude, Ball State University
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Bonuses Under the FMLA

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