Am I entitled to a bonus if my co-workers are getting one?
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Am I entitled to a bonus if my co-workers are getting one?
All of the employees at my location are being laid off by the end of the year. They are all receiving retention bonuses. I am not. I am currently out on FMLA leave due to the birth of my child. I was told that upon return I would be laid off and I would get the same severance plan, but no bonus. Is this right?
Asked on September 20, 2011 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Bonuses are purely at the employer's discretion--they choose whether to grant bonuses or not, and if they do provide them, the terms, conditions, amounts, how they are earned, when paid, who is eligible, etc. So there is no law that all co-workers must be treated the same, or that one worker can be refused a bonus when other onese get them.
While it is true that an employee may not be retaliated against for using FMLA leave, since it is a statutorilly guarnateed right, it might be difficult to show that you are being discriminated against: while you are allowed to take leave, as a consequence of it, you were out of work for some number of weeks (up to 12). When workers are out on leave, paid or unpaid, the employer does not have to count that time for the accrual of benefits or bonuses, if such are offered. The fact that you were out while other workers were, presumably, not may be enough to justify treating you differently.
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