Can employers take disability and maternity-related absence into account when calculating an individual’s bonus payments?

Posted in : Seamus Says - Employment Law Discussion on 6 September 2019
Seamus McGranaghan
O'Reilly Stewart Solicitors
Issues covered:

We run a performance-related bonus scheme for all employees based on employee attendance as well as company performance, effectively a profit-share scheme for all staff. Absences are taken into account. So if you don't join the company until the 1st of July, you may only receive or earn 50% of any achievable bonus. Or if you leave before the end of the year, you might receive zero bonus. You have to be employed at the time the bonus is calculated.

Or — and this is the important part — if you are sick or on maternity leave or a career break, all of those days are discounted for bonus purposes. I.e., if you're absent for three months of the bonus year, you may only receive three-quarters of

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This article is correct at 06/09/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Seamus McGranaghan
O'Reilly Stewart Solicitors

The main content of this article was provided by Seamus McGranaghan. Contact telephone number is 028 9032 1000 or email

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