FMLA and bonus days off

SamanthaQ

I have an FMLA/Worker's Compensation question! We have in our PTO policy a statement that says this: "Full-Time employees who have not used any unpaid or sick time in the calendar year will earn an additional 8 hours of Bonus PTO time given in January of the following year"

Now here's the situation! We had an employee who was having ankle surgery in 2005 and it was Worker's Comp related. We ran FMLA simultaneously with her Worker's Comp when she was off work recovering and she took the full 12 weeks. On our payroll system we counted it as unpaid time (however the Worker's Comp carrier was paying her).

Should we give her the bonus 8 hours of PTO? I wasn't sure if this incident qualified for protection under the FMLA laws as an attendance bonus?

In the past if an employee was out on FMLA leave (not Worker's Comp related) and used their sick time we haven't given them the additional 8 hours of PTO...

LindaS

It this "Bonus Day" is received strictly as a result of attendance, FMLA cannot be counted againt an EE for this award so they would be eligible for it. If this "Bonus Day" related to reaching some type of production rate, then the EE would not be eligible for it as they were not here to make the rate.

We have Perfect Attendance awards at this company and EEs whose only time missed was FMLA, they get the award.

SamanthaQ

Actually that's my question - is this considered an attendance program? (i.e. they get bonus PTO for not using unpaid or sick time?) They could conceivably call in sick and not have to take any sick or unpaid time because they have to use PTO for the first 8 hours for calling in sick.

LindaS

My opinion would be that this would be considered an Attendance Bonus. The EEs get this Bonus Day for not using any unpaid or sick time and you cannot count FMLA against an EE so in essence, they should get this bonus.