The Federal Supreme Court recently ruled on the question of whether bonus reductions are permissible during pregnancy-related absences (Urteil 4A_597/2023 vom 15. Mai 2024). The case concerned an employee who had been hired as a manager on 1 May 2017, with a performance-related bonus agreed in addition to her annual salary. Due to maternity leave, holidays and illness, the employee was absent from work from 12 July 2018 to 7 January 2019, which prompted the employer to reduce the agreed bonus.

The Federal Supreme Court first states that a reduction in the bonus during the first eight weeks after the birth is not permitted due to the statutory prohibition on working. The same applies to reductions during the holidays taken by the employee.

The question therefore arose as to whether or not the absences that occurred after these eight weeks could be included in the assessment of the performance-related bonus. The Federal Supreme Court pointed out that the employment contract should be based on the manager’s annual performance with regard to the bonus, which means that longer absences during the relevant year may also be included in the assessment by the employer. As absences from the ninth week after the birth are voluntary on the part of the employee, this does not result in gender discrimination.