A company's employees were offered "stay bonuses" as an inducement to remain with the firm during an acquisition by another company. The bonus was offered in 2000 and predicated on employees remaining "employed and actively working for the company as of September 30, 2001." On May 7, 2001, an employee of the company was granted twelve weeks of FMLA leave for the adoption of a child. The employee returned from leave in early August 2001 and remained with the company. However, her stay bonus was prorated to reflect the twelve weeks that she had been on FMLA leave, resulting in a reduction of some $8,000. The employee sued. What should the court decide? Why?

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