Employers Triumph in Bonus Proration Case

Robert Sommer was a financial administrator at Vanguard Group, eligible for a bonus under the company's "Partnership Plan," when he took an eight-week leave in December 2000 under the FMLA for major depression and anxiety. He returned to work in February 2001, but Vanguard prorated his bonus, reducing his payout by $1,788 based on the reduced number of hours he'd worked.

Three years later, after the company fired him, Sommer challenged the proration as a violation of his FMLA rights.

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Mary Swanton

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