Bonus Payouts While on Leave

Rgalloway

Can anyone tell me if there are any state guidelines in California regarding the payout of company bonuses if an employee has been out on either a Workers' Comp or FMLA leave? Example, an employee is out on leave for 6 months and works 6 months during the past year. There is currently no written policy in place, but it has been verbally communicated to employees that they will receive a bonus if certain company and financial goals are met. Can the bonus be prorated or must the employee receive a bonus just as if he work acitively working throughout the entire year?

Don D

Let's see. You're a member of the college basketball team. You've been a contributor, but, you're injured this year midway through the season. You continue to support the team and plan to return to playing soon, and you can't wait to get off the bench. The team win's the conference and a huge banquet is planned by the university. You're allowed to attend with all your teammates. But, you only get half a plate of food, or perhaps only are allowed to sit with them as they enjoy the meal. And the master of ceremonies calls each of their names from the podium but not yours. What does this do to your motivation and sense of team membership and your desire to play again? Unless California law dictates otherwise, your company can withhold the bonus, slice it pro-rata, or pay it out to the injured player.

Shadowfax

Don, just to be a bit contrary, you make a good point about the incentive and morale issues to the 'injured' player. What of the morale issues and disincentives to the able bodied who may have worked their tails off, may have covered for the lame member and see some portion of their hard earned bonus going to someone who perhaps had little to do with earning it. Might not everyone recognize some pro rata division as being fair and more representative of contribution? W/o knowing the specifics of duties and bonus arrangement it's a bit tough to analyze the fairness issue. Just another thought.

Don D

Of course I mentioned a pro-rata bonus split as an option in my post. Or the option of serving half a dinner or none at all. All of the options are out there. Depending on the culture and other factors, now a choice must be made. I'm sure the right decision will be made.