Is my employer required to pay residual commission while on FMLA leave?

I am compensated by a salary and residual commission. I am taking FMLA and will be returning back to work. I understand my employer is not required to pay my salary, but what about my residual commissions? My employer has over 50 employees and meets the FMLA qualifications and I've been with them for over a year. I am the first female employee who’s gone on family leave that has residual commissions so there isn't any precedents within the company. I've never signed any document surrounding my commission plan. Thanks for your help and I look forward to an answer.

1 answer  |  asked Feb 11, 2011 12:20 AM [EST]  |  applies to Washington

Answers (1)

Terry Venneberg
If the commissions are for amounts earned while working, I believe that you would be entitled to be paid for those amounts. You should, however, obtain legal advice regarding the specifics of your situation.

posted by Terry Venneberg  |  Feb 11, 2011 10:16 AM [EST]

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