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Bonuses Under the FMLA

 

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

On the one hand, the FMLA prohibits employers from interfering with an employee's right to FMLA leave. On the other hand, should an employer have to pay a full bonus to an employee who was absent due to FMLA leave? Regulations and case law have developed and shifted since the FMLA's passage in 1993. This topic reviews the tension between the FMLA and bonus programs, the changing law, and practical approaches to making bonus programs both effective incentives and FMLA compliant.