FMLA and Salary Increase

Actually, this is a two part question.  We have someone who went out on maternity leave two months after hire, for six months.  Our annual review process is in December, which means she will have been back for two months.

I know because of her short tenure she is not protected under FMLA, but my questions are:

How would you handle under the situation as described?  Would you delay her salary increase, for six months, for example?

How should the situation be handled if she were eligible for FMLA?  We give a standard merit increase to everyone except for those who get more or less, for performance or promotion reasons, is she entitled to that even though she has been out on FMLA leave?  I think I remember reading that she would be.




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  • From the FMLA regulations "An employee is entitled to any
    unconditional pay increases which may have occurred during the FMLA
    leave period, such as cost of living increases. Pay increases
    conditioned upon seniority, length of service, or work performed must
    be granted in accordance with the employer's policy or practice with
    respect to other employees on an equivalent leave status for a reason
    that does not qualify as FMLA leave."

    Re the second sentence: So one aspect you have to look at is how you treat other employees on a leave of absence. Also you said you give a merit increase to everyone. Would that make it unconditional and therefore require payment to the employee?

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