Delay Annual Increase??

Janet

We have an exempt employee who was off work for about 6 weeks earlier this year due to medical reasons (FMLA qualifying). While he was out, he continued to be paid via our company's salary continuation benefit.
His boss wants to delay this EE's annual increase by 6 weeks, the same amount of time he missed. This just doesn't sound right or legal. I've searched for information under FMLA, SHRM, etc. If I interpret FMLA correctly, this is denying him a benefit for taking FMLA.
What do you think?
Thanks!

Don D

In 29 CFR 825.209 I find that "An employee's entitlement to benefits other than group health benefits during a period of FMLA leave is to be determined by the employer's established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate)". My understanding is that if your policy states, for example, that any periods of absence of more than X weeks, will offset performance review dates and related salary increases by a corresponding amount of time. Ours does. For example: An employee who misses 9 weeks while on FMLA, has his annual review/raise set back by that number of weeks. But so would his absence for any reason other than FMLA. FMLA cannot grant a greater protection/benefit to the employee on FMLA than other employees enjoy and prohibition of such would do that. I will defer, as usual, to those more expert on FMLA than I.