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Bonus Pay while on PDL/CFRA in CA (Employment & Labor Law)

Mon, 24 Apr 2006 13:57:00 GMT

I am currently on maternity leave in CA. I will be taking 8 weeks of PDL and an additional 6 weeks of CFRA. While I am on CFRA leave, my company will be paying out bonuses for our 2005 Bonus Incentive Plan. This covers the period of April 2005 - Mar 2006 and I was at work during this period. The company has not communicated a formal policy for bonus payout but I have one document that states that I must be employed by the company on the date of payout to receive the payout. It doesn't state that I must be an "active" employee. Can the company withhold paying this bonus to me until I return to work or are they required to pay this to me while I am on leave?

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  • Mon, 24 Apr 2006 15:32:00 GMT(1)
  • Before getting upset, have you asked them their intentions? That would be the logical thing to do. No one here can guess what they might try and it is entirely possible that they will just pay this out as if you were working.
  • Mon, 24 Apr 2006 19:34:00 GMT(2)
  • DH got his bonus while on FMLA and then got laid off the day he got back. :(

    His bonuses were based on calendar years, so he actually got another small pro-rated bonus THIS March for the time he worked before he got laid off. We were totally shocked since the company was so immoral to lay him off the day after returning from FMLA.

    We're in TX.

    Good luck!
  • Mon, 24 Apr 2006 17:00:00 GMT(3)
  • I'm not aware of any law that specifies WHEN they have to pay it. They cannot withhold the bonus solely because you took FMLA or maternity leave. But as long as it gets paid, I don't think the law is going to insist that they pay it at any particular time.
  • Mon, 24 Apr 2006 16:32:00 GMT(4)
  • Before going on leave, I did ask HR and was told that it would get paid while I was on leave. However, another person who went on maternity leave after me was told that it wouldn't be paid out until their status returned to active. I am not "upset" and do plan on asking about this again. I would just like to know if there are any laws around this before I do so, which is why I came to this site.
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