FMLA Leave Issue

[EGB]

Employer maintains an Attendance Bonus Plan wherein an employee is paid a bonus if s/he does not miss more than 8 days a year. If an employee is on FMLA leave, can the leave count against the 8 days (e.g., if the employee misses a total of 9 days in a year and the 9 days were all missed on FMLA leave, can the bonus be denied)?

[Guest Cristina]

From what I understand, FMLA leave can not be counted against employees in regards to attendance type bonus programs. If an employee is out due to FMLA I believe they should still be eligible for the bonus if they were not out for any other reason.