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Ask the Expert: Finding Balance Natalie Gahrmann is a success coach and owner of N-R-G Coaching Associates, a private coaching company that specializes in helping working parents achieve mastery of work and life. Her clients experience more clarity, direction and alignment while reducing stress in their busy lives.
Bonus and Maternity LeaveTallen writes, "I work for a mid-sized publicly traded company. My company has a policy which pro-rates performance bonuses for the time a mother is at home for maternity leave. At the same time, bosses and co-workers call the mom at home to ask work-related questions. This does not seem right to me, is this common practice? Thanks !"Answer: I did a little research of my own to answer your question. What I found is that it depends upon the specific criteria of the bonus plan. The regulations from the US Department of Labor provides that if a bonus is tied to performance by the employee (e.g., production bonuses) the employer does not need to pay the employee for the time the employee is out on FMLA leave, as long as this is consistent with the way the employer deals with employees on other types of paid or unpaid leave (e.g., military leave). The regulations provide that an employee cannot be disqualified from bonuses and awards for which the employee was eligible prior to taking leave, if those bonuses and awards do not require certain levels of performance. To the extent that an employee who takes FMLA leave had met all the requirements for a bonus before FMLA leave began, the employee is entitled to continue this entitlement upon return from FMLA leave, that is, the employee may not be disqualified for the bonus(es) for the taking of FMLA leave. If, on the other hand, the employee's work performance is not a factor in determining the bonus, the employer may not take the FMLA leave into consideration. Therefore, an employee would remain eligible for a bonus for Safety or Perfect Attendance, despite the fact that the employee has taken or is on FMLA leave. In your case, if the policy is clearly communicated and consistently being applied you may be able to negotiate the pro-rated amount if you keep a log of the amount of time you actually spend on work-related issues. Be sure to establish boundaries so that you do not build up a resentment for receiving work-related calls. If you are planning on returning to your position, recognize that being in the loop and staying abreast of what's happening in the workplace, will help you make a smooth transition back to work.
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