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Maternity leave and christmas bonus.

I went on maternity leave 10/26/08. My company gave out a employee christmas bonus of $500 to every employee. I was told that because I was not on the payroll at the time I wouldn't get my bonus until I return to work 1/29/08. Can they do that? I am still an employee I'm just on a leave.

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Attorney answers (1)

Contributor Level 11
I am confused. It appears that you will be getting your bonus when you get back to work. Of course, the money would be helpful now, but it appears that payment is about six weeks away. Any attorney would recommend getting the employers promise to pay in writing.

If the bonus is not forthcoming, then you should see any attorney as, depending on the circumstances, it is possible that the employer has discriminated. Of course, there would be no discrimination if the employer has a written policy (or evidence of an unwritten) that applies to all persons on leave, regardless of cause.

I have posted the Wisconsin Bar Lawyer Referral and Information Service (LRIS) which offers alternatives for legal advice, including a reduced fee referral.

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