Can my employer with-hold my bonus due to disability absence?

I am a California attorney and cannot give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, do not rely on what I say; I just did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state. This is an interesting question. There are a number of considerations, including the type of leave, the number of employees, the location of the employees, the duration of the medical condition that caused the stroke, how the bonus is calculated, and perhaps more. If the employer has at least 15 employees, and an employee has a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), the employer is prohibited from discriminating against the employee BECAUSE OF the disability. So, if the employer pays the bonus to other employees who miss work for nine days but denies you the bonus because of a disability as defined by the ADA, the employer is engaging in unlawful discrimination. Additionally, the employer is required to provide reasonable accommodation to an employee with a disability, to enable the employee to perform the essential functions (main duties) of the job. One such reasonable accommodation could be a leave of absence. An employer is prohibited from discriminating against an employee who requires or requests reasonable accommodation. Similarly, you may be protected under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) if all of the following is true: (a) your employer has at least 50 employees who work within 75 miles of one another; and (b) you have worked for this employer for at least one year all together, even if not consecutively; (c) you have worked for this employer at least 1,250 hours in the immediately preceding year; and (d) you have a serious medical condition as defined by the FMLA. If these conditions exist, the employer is required to grant you up to 12 weeks of leave due to the medical condition, and many not discriminate against you for needing or requesting the leave. Many people misunderstand the meaning of employment discrimination. “Discrimination” does not mean an employer has to be fair, respectful or has to make good decisions. Workplace discrimination means the employer treats one person or group differently from others who are not in the same group, but are similarly situated. The only workplace discrimination that is illegal is discrimination that is against public policy. Public policy refers only to things that are specifically prohibited by a statute (law) enacted by the legislature, or prohibited by a regulation promulgated (established) by a government agency. Under federal law, public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, age (40 years and older), religion, marital status, pregnancy and genetic information. Sexual harassment is considered a form of sex discrimination. An employer cannot change terms of employment or fire an employee if the reason for the change is against the law (against public policy). For example, an employer cannot increase your workload because of your race, sex, national origin, religion, etc. or because you blew the whistle on safety violations. There are various ways to enforce these rights, depending on the particular public policy involved. For more information on employment discrimination, please see my guide on this subject: http://www.attorneyqna.com/legal-guides/ugc/what-is-unlawful-employment-discrimination--federal-law?published=true. (continued in Comment below)