Can employer deny commissions while out on maternity leave?

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Can employer deny commissions while out on maternity leave?

I live/work in TX; employer is based in CO. Policy only states: “Leave of absence Under the Department of Labor regulations, equivalent pay includes bonuses, consistent with the general rule on equivalent pay. Employees on FMLA leave who have a bonus or other payment based on achievement of specific goals, such as products sold, the company will not pay it to an employee who didn’t meet the goal because he/she took FMLA leave.” I did meet my goal and exceeded it. Also says “Management reserve the right to review the Incentive Program at any time during the business year…”

Asked on December 14, 2010 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you need to take the company policy (is it a handbook that you have?) to an attorney to review on your behalf.  The policy seems to quote the Department of Labor standards - without a comment here on if they are correct or not - but then seems to state that they will be deviating from the standards.  You may want to ask for some help from the department of Labor in your state.  Go on line and ask to speak with a contact person and see what information that will lead you to.  If the Department of Labor will not take on the case they may direct you to the state or federal agency that will.  Good luck to you. 


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