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Expert Analysis

FMLA-Protected Leave May Reduce Bonus

Law360 ( September 25, 2006, 12:00 AM EDT) -- In a recent decision of first impression, the Third Circuit Court of Appeals held that an employer may reduce an employee's bonus because of absences protected by the Family Medical Leave Act. Sommer v. Vanguard Group, No. 05-4534 (3d Cir. Aug. 24, 2006), holds that an employer may prorate a bonus to reflect that an employee was on FMLA leave. The Third Circuit's decision binds employers in Pennsylvania, New Jersey, Delaware and the Virgin Islands and, because it is the only appellate court decision on the subject, it is likely to be persuasive authority in other circuits....

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