Legal Question in Medical Leave in Michigan
Maternity leave
Can an employer change the period of time for maternity leave from 12 weeks down to 8 weeks for one employee the same fiscal year as another employee received the 12 weeks of leave. I was told by my Human Resources manager that I was entitled to 12 weeks maternity leave paid in February 1997, just like so and so, but five days after I delivered my son in September 1997, I received a letter from the human resource manager stating that there had been a policy change and I now would only receive 8 weeks. Also can the employer reduce an employees bonus stating that is considered a medical leave and that if a man were gone that long his bonus would also be reduced (prorated). I would appreciate any input on this matter.
1 Answer from Attorneys
Family Medical Leave Act-Length of Leave and Bonus Reduction
The Family Medical Leave Act, if it applies to the particular employer and employee, requires that 12 weeks of unpaid leave be provided for the birth and care following birth of a child. The employer cannot change this by adopting a different policy. If the employer is not subject to the FMLA, but has followed a policy of providing a period of unpaid leave, then the employer might be acting improperly by reducing the leave just before an employee utilizes the leave. This will depend on the particular facts and circumstances of the relationship, and must be reviewed by an attorney in a face-to-face consultation. The FMLA regulations bar an employer from reducing a bonus, due to the taking of FMLA leave, if the bonus is for job-related performance, such as perfect attendance, safety on the job, and exceeding production goals. If the bonus is for exceeding production goals, however, and would require that the employee actually perform work to receive the bonus, then the employee is entitled to the same consideration for the bonus as other employees on paid or unpaid leave.
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