H1b and pregnancy

[h1pregnant]

I am on H1b and currently in my 7th month of pregnancy. Is there any provision by H1b law that a pregnant woman can be on leave during pregnancy (maternity leave)? And also what is the maximum, I can be on leave during pregnancy and after the delivery?

If I go on leave, do my employer have to pay?

Is it better to go on H4 to avoid immigration problems? My employer would not continue GC process, if I decide to go on H4 and also I believe that if I go on H4, I may not be able to come back on H1b. going on H4 means, I have to leave my well paying job as well. Its a tough situation.

Please don't suggest "I should not have planned for the pregnancy".

Thanks.

[metroguy]

Ask your employer about maternity leave. Generally there will be 6-8 week payleave, after that there will be deduction in pay but you will still be in H1B. All the very best

[nineballs]

I think you should relax and focus on your pregnancy. About leaves, Federal law requires every employer to provide at-least 13 weeks of FMLA leaves (provided you have stayed with the employer for more than a year and the employer is big enough).

Additionally, FMLA leaves vary with state. So, check with your state DOL and see FMLA provisions. Some states have 180 days of FMLA leaves. All these FMLA leaves are un-paid. So, employer need not pay you for these leaves.

Also, I have seen people taking extended un-paid leaves on H1B status (around 6 months) around the child birth. I think these leaves are more to do with your relationship with your employer. If the employer is ok with you taking some time off, you can very well be on un-paid leaves.

An experienced immigration attorney should be able to answer this better. But I think you need not worry much. Your case is very genuine. have fun.

[pontevecchio]

Apply for the COS to H4 and once you get the receipt stop working at some appropriate time. You can get back into H1 status later. Nobody is going to pay you beyond the few weeks allowed here for pregnancy. You raised the issue about timing. Your baby is more important than a Desi idio*. Talk to a Lawyer about your situation with full details.

[terminator762002]

You can very well go on maternity leave. The number of weeks is dependent on your company's policy.

Some companies (depending on the size) offer the FMLA facility, where you would be entitled to 12 weeks of maternity leave with pay.

Others offer short term disability insurance which would cover portions of your maternity.

You can also avail your sick leave during your maternity to ensure that your payroll is run.

You can very well stay on H1 and need not go to H4.

[livliv]

Unpaid leaves for genuine, well documented reasons are acceptable and do not violate your status. However, the period should be reasonable. 8 weeks is considered reasonable for a normal delivery and more can be justified with letters from your doctor.

[t75]

FMLA is NOT guaranteed. Its rules are limited in employers required to offer it and it has employee qualifications as well.

Leave during pregnancy is by doctor's order. Many women work until delivery. Time afterwards is typically 6 or 8 weeks. Pay is also determined by state laws and/or company policy. Your employer should have a documented policy. You should expect to be treated according to US norms and not what you might have in your home country.

An employer is not required to hold your job for you if you choose unpaid leave outside their policies or state and federal law. A woman on H1B wanting to stay home for an extended period of time should expect to COS to H4.

Start looking for child care now. You may not use family on B2 to provide child care when you return to work.

[deb1975]

You can stay on H1 and no need to go on H4. I went on maternity leave on H1b. The company paid leave is between 6-8 weeks (unless you work for Yahoo which I think announced 4 months paid maternity leave!!). But then you can go for 12 weeks of FMLA if you have worked with your employer. Based on the state you can get 6 weeks of paid family leave like in CA. You can take your vacation time also with the leave. So you can get some decent time off. Best of luck and congratulations to you.

[h1pregnant]

Thank you all for your valuable time and inputs.