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Question: If a company has an employee who is on Family and Medical Leave Act (FMLA) leave but works a position that gets a monthly salary paid as a bonus for completion of tasks, can the company withhold the salary since the employee is not working?
Answer: Most likely, yes. The FMLA generally provides for unpaid, job-protected leave. If a bonus or other payment is based on the achievement of a specified goal such as products sold or hours worked, and the employee does not meet the goal due to FMLA leave, then the payment may be denied, unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify as FMLA leave. Therefore, the company would need to review its applicable policies and past practices in regard to other forms of leave.