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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 32052
Experience:  More than 30 years in legal practice.
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I receive a yearly bonus of 20% of my annual salary. This past

Customer Question

I receive a yearly bonus of 20% of my annual salary. This past year I had lower back surgery and was out 3 months on approved FMLA, I received a bonus based on 9 months not the 12 and was told it was because I wasn't at work for those 3 months. Is this allowed?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to provide an honest and accurate answer to your question.
I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, it is completely legal. Absent a written agreement to the contrary, there is no requirement that you be compensated, by either regular wage or bonus, while on FMLA. The only protection afforded by FMLA is that an employee's job is held open and they can not be disciplined for taking FMLA.
I realize this is probably not the answer you were hoping to receive.  Also, please remember that this is not necessarily a moral judgement on my part.   As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.
Loren
Expert:  Loren replied 1 year ago.
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