QUESTION:
I know that the Family Medical Leave Act (“FMLA”) prohibits employers from
penalizing or discriminating against employees for taking protected FMLA leave. I
also understand that generally, an employer cannot refuse to give an employee an
attendance bonus if the reason the employee does not qualify for the bonus is that
he/she took FMLA leave. However, if an employer awards bonuses based on the
number of hours or days worked in a given period, can it pro-rate the bonus for
employees who take FMLA leave?
