Cherry Hill, NJ asked in Employment Law for New Jersey

Q: Is my job supposed to not pay my bonus at all or should they be prorating it until my return?

I am going out on maternity leave in mid-November and my company pays a bonus in December. They are stating because I won’t be an active employee I won’t receive the bonus at all. Yet others who went out on leave throughout the year and returned will get this bonus. Does this sound discriminatory because the other employees still get the bonus for taking the same leave just not during that pay period (December)??

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1 Lawyer Answer
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
  • Morristown, NJ
  • Licensed in New Jersey

A: Paying employees who are on a maternity leave less favorably or differently than employees who are not on such a leave can potentially support a claim for discrimination, retaliation and violation of wage and hour law. You should hire an employment lawyer for advice on your rights and the best course of action.

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