Employer Bonus And Fmla

Summary

Under the Family and Medical Leave Act (FMLA), employers cannot penalize employees for taking FMLA leave. However, if bonuses are based on performance criteria that include attendance, and the same rules apply to all types of leave (except for vacations or other paid days off), an employer may exclude FMLA leave from their bonus calculation. Employers can count paid vacations and other paid days off as time worked for perfect attendance bonuses but exclude FMLA leave. They must apply the same criteria consistently for all leave types, excluding discrimination against FMLA leave.