Is a bonus a benefit?

Jayhawk

Our company has a quarterly bonus program where it is based on profits. If we hit our goal, then every employee who is employed at the end of that quarter and has been here 90 days, receives a certain amount. There is also an attendance requirement - any hourly employee who has more than 8 hours of unpaid time off in that quarter (they have used up all PTO/Vacation time and still needed time off) will have their bonus reduced by a certain percentage. My question is if someone is taking time off unpaid, but is protected by FMLA, can we deny that employee their bonus? FMLA says the employer cannot take away any benefits, but is a bonus a benefit or just an incentive to make quarterly goals? Help!!!

System

I'm not a lawyer, but it seems to me that you'd have to give 'em the bonus. You can't discipline an employee for FMLA under a no-fault attendance system, which seems very similar to your situation.

James Sokolowski
HRhero.com