Promotion while on maternity

Caroliso

Are there any guidelines in FMLA that dictate when promotions may occur for someone who is on FMLA leave? My understanding is that an EE should not be denied a salary increase to which they are normally entitled as part of an annual salary review process if they are out on leave, but what about special circumstances like promotions?

The situation: my employee was told she was being recommended for a promotion and salary increase. About 3-4 weeks later the increase was approved as part of our mid-year review process. Before it was finalized she unexpectedly went on FMLA leave due to premature labor and hospital bed rest, and subsequently delivered the baby.

It makes sense to make the promotion effective when she returns in a few weeks but i want to make sure I'm not violating any FMLA provisions. Also, if anyone is familiar with MA. Laws and can comment I'd appreciate it. Thanks.

LindaS

Federal FMLA provides a BASELINE for employers to follow. Employers can always choose to go above and beyond what the law requires, as long as you do it for all affected employees. As far as the promotion and salary increase, if you fail to give it to her because of her being on leave, you would be in violation but awarding it to her, and making it effective when she returns, would not be in violation unless her STD payments are based on hr salary amount.