Unpaid Leave on H1B

[SS PP]

I work with a large tech company in the US which has good maternity benefits. I am eligible for 10 weeks of post-partum leave and another 6 weeks of parental leave. These 16 weeks of leave is 100% paid. I am on H1B visa. Can I take additional unpaid leave (after the 16 weeks of paid leave ends) to care for my baby? Does this impact my visa status in anyway?

[User099]

I am sure other will not like my answer, but I will say it any way.

How long do you want to extend it? 1-2 weeks might be fine if your employer agrees. But you can't take couple of months.

[gopalakrishnach]

15 hours ago, User099 said:

I am sure other will not like my answer, but I will say it any way.

How long do you want to extend it? 1-2 weeks might be fine if your employer agrees. But you can't take couple of months.

Nicely said.

[SS PP]

I was infact hoping to take 2-3 months (if it doesnt impact my visa status).

[JoeF]

It is complicated. It used to be that unpaid leaves were allowed when initiated by the employee. However, fraud desi employers forced employees to sign a leave of absence request when they were on bench, which is illegal because employees have to be paid on bench and an employer can not force a LOA. Because of that it is nowadays pretty much impossible for somebody on H1 to go on an unpaid LOA while staying in the US.

Edited January 7, 2020 by JoeF

[User099]

16 hours ago, SS PP said:

I was infact hoping to take 2-3 months (if it doesnt impact my visa status).

It will be considered as bench period if you do it for so long. Not good.

[xTDx]

A few options to think of:

1- See if you can work from home or have flexible work hours. May need new LCA/H1b amendment.

2- See if you can move to home country and work from there or take a break from there.

 

Not a bad idea to have your plans go through an immigration attorney. 

[cyberlord]

Does your employer give you sabbatical?