Offering retirement savings benefits as part of a company’s employer value proposition is essential to attracting, hiring, and retaining top talent. To help employees plan for their financial future, the most common retirement savings plan that employers offer for today’s workforce is a 401(k) defined contribution plan. A 401(k) plan allows employees to contribute pre-tax dollars to tax-deferred investments based on IRS annual contribution limits. Many employers offer a company match to employee contributions, with standard practices being a 50-cents-for-every-dollar match or a dollar-for-dollar match up to 6% of the employee’s contribution.
Question: We give year-end bonuses based on attendance, and employees with a certain number of absences are disqualified. If an employee took FMLA leave, can we count those absences against them and withhold the attendance bonus?