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If the only stipulation is that you are employed at that time, I would think they have to pay it, and anything else would be more of a retaliation move. All that being said, companies tend to have a way of sneaking things in the fine print, so I would be double and triple-checking all of that.
Agree with the at-will comment. All states minus Montana in the U.S. are at-will states.
“Discretionary” would usually mean it is optional for them to pay, based on performance.
What are the terms of your contract?
If the only term is to be employed, then of course they must pay.
They could lay you off too, although it would be illegal to do this for the reason that you are taking parental leave.
Exactly, if the contract only states "must remain employed" then that stipulation will be met and they should pay. But employers tend to always look for loop holes these days. I am living proof. I worked for an employee for 10+ yrs, had to take a 2 month medical leave and the company couldn't legally retaliate so they laid me off stating lack of funding but immediately hired 5+ roles at my level or just below. They were upset that I took the time I needed during a time period that they felt was more important and it started with giving me the silent treatment, then sabotage tactics like forgetting to invite me to meetings or update me about policy change and instructing other teams like grants/Philanthropy to not work with me or my team so it would appear that we were incompetent. When I had my own work around they started to deny funding my team and I secured on our own. So, be very careful because HR is there to protect the business first and foremost.
Get legal advice.
Thanks, appreciate your input.
They could possibly prorate it and lower the amount paid.
You had me at 6 month parental leave six months into a new job. Good for you and management is right, that is a rarity unfortunately. You may want to be upfront with them and flat out have the conversation. It seems they owe it to you but they may prorate it and it is discretionary. If you have a proven track record and results ahead of your leave lay that out. Management where i am at has total discretion.
Idk if I would take the 6 months straight up.. Might be my own opinion, but personally, I would have split that up into chunks. For the first 2 months, then after that rotation, 1 month on & 1 month off.