Reply to Withholding bonus payment due to maternity leave?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]  the sad fact is that they likely put a policy like that in place because of people who go on leaves of absence and don't return.[/quote]

While I think you are right in your assumption, it doesn't seem right they can hold the money when the work has already be completed, you've been evaluated for said time period and the bonus and raise have been agreed upon by the organization.[/quote]

You're confusing discretionary bonuses with wages. Wages are earned as soon as the work is done and must be paid regardless of whether you leave after doing the work. Bonuses can be withheld as long as they are discretionary (not promised to an employee pursuant to some sort of contract).

OP, I posted earlier and said they can do this as long as this policy is applied equally. Otherwise, it's a possible FMLA violation and possibly pregnancy discrimination. You may want to consult a plaintiff's employment lawyer. GL. [/quote]

But if a bonus is part of your compensation plan and it is for a calendar year (we will go with 2011 for the sake of this discussion) and the year has been completed, you've attained the goals you were given as conditions of earning the bonus, your review has been completed, you've been told you will receive x% for raise and $xxx for bonus.  How can they hold this bonus hostage until you return from maternity?  I'm not a lawyer, but I fail to understand how you wouldn't be entitled to that money.[/quote]

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