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Making Bonus Programs FMLA Compliant

Keep your company compliant when dealing with the effect of FMLA upon bonuses.On 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 both 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.
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Making Bonus Programs FMLA Compliant


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Making Bonus Programs FMLA Compliant


Adam G. Guttell, Esq.

Adam G. Guttell, Esq.

Martin Clearwater & Bell LLP

  • Partner in the employment & labor practice group at Martin Clearwater & Bell LLP
  • Extensive experience advising employers of all sizes in industries as diverse as health care, finance, manufacturing, transportation, and hospitality
  • Represents clients in federal and state court proceedings, as well as private mediations, arbitration, and administrative hearings
  • In addition to representing clients in employment-related issues ranging from discrimination and harassment to violations of all state and federal fair employment laws, Mr. Guttell actively litigates restrictive covenant matters, including breaches of noncompetition, nonsolicitation and confidentiality agreements; he routinely counsels clients on drafting and enforcement of all manner of agreements related to employment
  • Counsels clients on compliance with various state and federal laws affecting the workplace, including Title VII, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Fair Labor Standards Act and New York State and City Human Rights laws
  • Co-wrote articles appearing in publications of the New York Law Journal, MD News, and The Risk Management Quarterly
  • J.D. degree, St. John’s University School of Law; B.A. degree in history, high honors, Brandeis University
  • Can be contacted at 212-916-0938, 516-222-8502 or [email protected]
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Making Bonus Programs FMLA Compliant

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