Let me give you the basics of the cited case so that you may see if it fits your circumstances.
"An employee was entitled to receive commissions she earned while on leave under the Family and Medical Leave Act (FMLA), the 4th U.S. Circuit Court of Appeals held March 23. Because an employment agreement stated that the worker would receive commissions earned on sales to regular clients, the employer must pay them regardless of her leave status, the appeals court said".
"Estes worked as a sales agent and service manager for Meridian One Corp., earning a base salary and commission on her sales of office equipment and maintenance agreements. In March 1998, she was diagnosed with *** cancer, and underwent a mastectomy on May 8 and reconstructive surgeries in September and October. She exhausted all of her accrued paid leave in the process."
The case goes on to reveal that the sales rep was retaliated against for taking FMLA and the company was sued. "She maintained that the employer owed her front pay, commissions, back pay, attorney´s fees and other damages."
"Meridian (the company) asked the court to deny the jury´s award, arguing that an employee does not have the right to recover commissions that are earned while the employee is on FMLA leave.
According to FMLA regulations, "any employer who violates [the FMLA] shall be liable to any eligible employee affected for damages equal to the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation" ( Â§107(a)(1)(A)(i)(I)). The commissions constituted "other compensation" under the act, the court stated."
"Meridian appealed, maintaining that Estes did not earn the commissions because the FMLA entitles an employee only to earned "compensation." Meridian argued that Estes could not earn commissions because she did not have any contractual right to receive them.
"Estes provided evidence that she had earned the commissions represented by the jury´s award. She supplied the court with a list of invoiced sales that were made while she was on leave, showing that the invoiced sales generated several thousand dollars in employee commissions. Estes stated that she earned these commissions because she had prepared for the sales.
In addition, Estes produced her named account list, which included 250 clients she regularly serviced. She testified that she had an agreement with Meridian to receive commissions on any sales that had been made to a client on her account list. Estes also stated - and produced documentary evidence to show - that other Meridian employees had received commissions on their account lists regardless of whether they were on paid or unpaid leave." (Estes v. Meridian One Corp., 4th Cir., No. 99-2662, March 23, 2001)
Not knowing exactly what your pay policies are all I can offer is what this case appears to say.