Do Termination Of Pregnancy Employees Receive Compensation?

If you typically earn commissions, you may be entitled to receive payment for commissions earned before you went on maternity leave, even if it is paid while you are on leave. Some employees may also be entitled to payment of commissions that you would usually earn during the period of compulsory maternity leave.

The Family Medical Leave Act (FMLA) is unpaid, but bonuses and commission work differently. Employers should clearly outline the conditions under which commission pay will be awarded, such as goals that must be met to earn the commission. Commissions do affect EI maternity or parental benefits depending on the situation. There are two possible impacts: Need to Report Hours and Commissions.

The only federal law guaranteeing maternity leave in the U.S. is unpaid, and it only applies to some employees. The law that most women rely on is the FMLA. Only employees are protected from being treated unfavorably for taking ordinary and additional maternity leave.

Destation Maternity has a compensation and benefits rating of 3.1, with an average salary of $121k per year, including an average base salary of $107k and an average bonus of $14k. The first 6 weeks of maternity leave is worked out at 90 of your average earnings, which does not include any commissions. Sales reps think about their annual pay as “OTE” (on target earnings), which is a combination of their base salary and commission.

In conclusion, it is important for employers to clearly outline the conditions under which commission pay will be awarded, and to ensure that employees receive the pay they deserve for both jobs.


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Do Termination Of Pregnancy Employees Receive Compensation?
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Rae Fairbanks Mosher

I’m a mother, teacher, and writer who has found immense joy in the journey of motherhood. Through my blog, I share my experiences, lessons, and reflections on balancing life as a parent and a professional. My passion for teaching extends beyond the classroom as I write about the challenges and blessings of raising children. Join me as I explore the beautiful chaos of motherhood and share insights that inspire and uplift.

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3 comments

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  • Hi Ashley! Just found your website- and excited to learn more. I’m a new South Bay Area worker and we’re TTC. Good call on checking employers 1 yr policy. As a mgr myself, navigating a new system- I admit I learn every time I walk a team member through this and agree that HR & a leave absence team is helpful.

  • If u take the 4 weeks prior and SDI pay kicks in, does that eat into your available SDI funds after birth….? Like would that take out from what you have for the 6-8 weeks post partum and can you run into the chance that you might exhaust SDI funds sooner than if you didn’t take the 4 weeks off prior to birth?

  • Im currently on SDI for pregnancy disability, when I deliver my baby I will technically still be on SDI payments or will it automatically transfer to PFL? Or is PFL what you take once you recovered from birth like after the 6 or 8 weeks? This is all new and I’m just trying to get a better sense of it. Thank you!

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