Reply to Withholding bonus payment due to maternity leave?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Their HR Department or whomever manages the bonuses should have some sort of bonus guidelines or policies to refer to.  It isn't illegal because bonuses are not mandated by the government - only to pay minimum wage, overtime, etc.  In the past the company I work for had the same policy (don't pay bonuses until return from LOA), but we have since changed the policy.  So... whatever is written in the policy. [/quote]

Hmm, it's not that simple.  They cannot selectively apply a policy or procedure in a way that discriminates against a protected class.  So, if they ordinarily pay bonuses to people on leave for reasons other than childbirth, they must also pay OP. [/quote]

I agree. If your maternity leave is also FMLA leave, this could be considered improper retaliation under FMLA UNLESS they apply this exact same policy to all employees going on leave, regardless of the type of leave. If you are being singled out in any way because of the type of leave you are taking (FMLA/maternity) it's illegal. Also could be considered pregnancy discrimination. Ask to sit down with someone in HR and have someone explain the bonus/leave policy to you. If this is not a policy that is applied across the board to all employees taking any kind of leave and if FMLA applies, there is an issue under FMLA. Even if FMLA does not apply, could be an issue under pregnancy anti-discrimination laws. [/quote]

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