FMLA and QIP

Sue2

Our company offers Quality Incentive Pay to employees each December, money permitting. A number of factors including attendance are taken into consideration in determining the amount an employee is paid. Currently, FMLA hours have been treated as hours worked. We are considering changing from sick, vacation, etc. to Paid Time Off. Management would like to consider paid time off in determining a "bonus" amount. For example, if an employee was out more than four weeks the QIP would be reduced. QIP would be further reduced for additional time off. With PTO would we be required by law to distinguish FMLA hours and to treat FMLA hours as actual work hours (i.e if an employee is out of work 5 weeks PTO for a FMLA qualifying event can we legally reduce QIP?)? Management would like to reward employees based on actual hours worked. I would appreciate any reference to FMLA regs which would apply. Thanks.

LindaS

My understanding of the FMLA law is that you CANNOT penalize an employee for using FML time. If your bonus is determined by attendance, then time off for FMLA would have to be counted as time worked regardless of what you call the paid time. I'm no attorney but I know in our organization we offer a Perfect Attendance Bonus at year end and if the only time an employee misses qualifies and is certified as FMLA, they receive the bonus

sonny

This would be my understanding as well.

System

This has been my understanding also. However, top management has read the FMLA and has determined that by going to PTO we do not have to consider FML time as time worked for the purpose of perfect attendance or QIP. His interpretation is that FML time would be treated just like any other time off and no exceptions have to be made for FML time.

vmiller MO

I am not sure what your management read. 29 CFR Section 825.215(c)(2) addresses the issue of bonuses for perfect attendance. Just because one changes the name does not mean the substance has been changed.