Can my employer withhold quarterly wage progression because I was off work for fmla disability

UPDATED: Oct 19, 2017

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Can my employer withhold quarterly wage progression because I was off work for fmla disability

My employer offers a .25 raise for every
quarter completed without a disciplinary
write up I recently broke my finger and
was taken off work I used fmla which was
approved I received a letter stating I
did not complete the quarter and was not
eligible for my wage progression

Asked on October 19, 2017 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can do this. The law is very clear that time on medical leave does not need to be counted for any accrual purposes: not for vacation days or other paid time off (PTO), not for bonuses, not for seniority, and not for raises. Only time spent actually working counts for these purposes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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