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Bonuses Under the FMLA

OnDemand Webinar (96 minutes)

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.


Joseph C. Pettygrove, Kroger, Gardis & Regas, LLP


The Easy Part - Known FMLA Bonus Principles

• The Letter of the Law - Applicable Statutory and Regulatory Provisions

• Things Left Unsaid - What Is Equivalent Leave Status?

• Another Thing Left Unsaid - Differentiating Between a Bonus and a Benefit

The Harder Cases - Real World Disputes

• Employer Violations

• Employee Overreaches

The Best Defense Is a Good Offense - Educating and Talking to Employees Before Arguments Arise

• Building Sensible Touch-Points Into the Leave Administration Process

• Optimal Messaging