Let me start by explaining in late June of this year my OB put me on bed rest. In late August I delivered and 6 weeks later I returned to work even though my boss verbally promised to give me more time past the 6 weeks since my STD ran out at 3 weeks due to being put on bed rest. I was called by my boss to tell me that she no longer would allow me to stay out past my 6 weeks, so I used my remaining vacation and dipped into my next year's sick to make it to the 6 week mark so my dr would release me to return to work.
Last week I returned to work from maternity leave. Today I was told that my annual bonus would be reduced because I was out on bed rest and maternity leave. The way I read FMLA leads me to believe that an employer cannot reduce my benefits, see below:
(3) LIMITATIONS.--Nothing in this section shall be construed to entitle any restored employee to--
(A) the accrual of any seniority or employment benefits during any period of leave; or
(B) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
There are several other factors to be aware of. Another person in my department was pregnant and delivered in the same fiscal year as I. Her bonus was not reduced for her being out. She did not qualify for FMLA due to the fact that she has not been at the company a year at the time she delivered. She was out the same amount of time as I was and was paid for every day that she was out. I on the other hand was sent a letter in the mail stating my FMLA was up and I would be terminated if I did not return to work.
My question: is it legal for the company to reduce my bonus due to me being on bedrest/maternity leave under FMLA?
Last week I returned to work from maternity leave. Today I was told that my annual bonus would be reduced because I was out on bed rest and maternity leave. The way I read FMLA leads me to believe that an employer cannot reduce my benefits, see below:
(3) LIMITATIONS.--Nothing in this section shall be construed to entitle any restored employee to--
(A) the accrual of any seniority or employment benefits during any period of leave; or
(B) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
There are several other factors to be aware of. Another person in my department was pregnant and delivered in the same fiscal year as I. Her bonus was not reduced for her being out. She did not qualify for FMLA due to the fact that she has not been at the company a year at the time she delivered. She was out the same amount of time as I was and was paid for every day that she was out. I on the other hand was sent a letter in the mail stating my FMLA was up and I would be terminated if I did not return to work.
My question: is it legal for the company to reduce my bonus due to me being on bedrest/maternity leave under FMLA?
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