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Expectant father dealing with unfair bonus reduction - California

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rupachristy

Junior Member
What is the name of your state? California

My company is moving from California to Texas. Many employees will be laid off. They have offered us retention pay as an incentive to continuing working until the end of July. My wife and I are expecting a baby in the beginning of July. I wanted to take about 2 weeks off when the baby is born under Paid Disability Leave and Family Medical Leave Act after I had used my sick days (only about 3 days) in order to care for my wife and bond with my newborn. I have been informed by our HR dept. that any leave I take after sick leave will result in a reduction of my retention bonus, essentially prorated for the length of time I take off. Is this legal?
 


Zigner

Senior Member, Non-Attorney
rupachristy said:
What is the name of your state? California

My company is moving from California to Texas. Many employees will be laid off. They have offered us retention pay as an incentive to continuing working until the end of July. My wife and I are expecting a baby in the beginning of July. I wanted to take about 2 weeks off when the baby is born under Paid Disability Leave and Family Medical Leave Act after I had used my sick days (only about 3 days) in order to care for my wife and bond with my newborn. I have been informed by our HR dept. that any leave I take after sick leave will result in a reduction of my retention bonus, essentially prorated for the length of time I take off. Is this legal?
Let me understand this...
The company is offering you a bonus, which they are not legally required to do and you are questioning if they can choose how much the bonus will be?
 

rupachristy

Junior Member
They have already stated that our bonus would be $8,000 regardless of tenure. They won't allow me to take vacation time after the birth of my baby. They want me to sign papers that are specific only to me that I agree to have the retention pay reduced if I take any time off after the birth of my baby. It just doesn't seem right that I am the only one being asked to sign these papers when it should be that all employees should have to sign papers stating that they acknowledge that their retention pay will be reduce if any time is taken off. They also knew that I was planning on taking time off before the decision was made to move to Texas. I don't know why they would offer me the full retention pay, knowing that I was planning on taking paid time off after the birth of my baby, and then later change their mind. I know it's not fair but I am just questioning if it is legal since I had already signed original papers stating that I acknowledge the retention pay will be $8k and now they want to rescind those papers and have me sign new ones.
 

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