Unpaid leave during govt shutdown

[sp.dev]

Hello,

 

Due to the govt shutdown, I am using my PTO. If the shutdown goes longer, my PTO will be exhausted and I will be on unpaid leave. If I am on unpaid leave, does it effect my h1b ? My employer will NOT terminate my job. How long can I continue on unpaid leave ?

 

 

[jairichi]

Hello,

 

Due to the govt shutdown, I am using my PTO. If the shutdown goes longer, my PTO will be exhausted and I will be on unpaid leave. If I am on unpaid leave, does it effect my h1b ? My employer will NOT terminate my job. How long can I continue on unpaid leave ?

What has govt. shutdown to do with your unpaid leave?

[rahul412]

Hello,

 

Due to the govt shutdown, I am using my PTO. If the shutdown goes longer, my PTO will be exhausted and I will be on unpaid leave. If I am on unpaid leave, does it effect my h1b ? My employer will NOT terminate my job. How long can I continue on unpaid leave ?

Govt is running out of money, not your H1 employer. So on H1 you need to get paid every month and their nothing called unpaid leave without a genuine reason.

[ge145]

if OP is employed by a fed govt entity he/she is affected

@rahul412/@jairichi - not every employer is a private small desi consultancy 

[sp.dev]

I should have mentioned, I work as a subcontractor on a government project. I am a FT for my company though, so they asked me to use PTO until the project resumes. Now can you tell me ?

[rahul412]

I should have mentioned, I work as a subcontractor on a government project. I am a FT for my company though, so they asked me to use PTO until the project resumes. Now can you tell me ?

Again you are getting paid by your employer and he has to pay you on time when you are on H1. It doesn't matter whether you have a project or not.

[jairichi]

if OP is employed by a fed govt entity he/she is affected

@rahul412/@jairichi - not every employer is a private small desi consultancy 

 

 

I should have mentioned, I work as a subcontractor on a government project. I am a FT for my company though, so they asked me to use PTO until the project resumes. Now can you tell me ?

My guess is if you work directly for government agency that is shutdown you should be fine. Since it is not the case I believe your employer has to still pay you. 

 

This is equivalent to an employer paying you on bench even if a project or client is not available

 

Wait for other members opinion or talk to an attorney.

[gopalakrishnach]

Since you said you are subcontractor on a government project this govt shutdown must not effect you. Your employer must still pay you.

[JoeF]

I should have mentioned, I work as a subcontractor on a government project. I am a FT for my company though, so they asked me to use PTO until the project resumes. Now can you tell me ?

You need to get paid, even with the government shutdown.

The H1 law does not have any exceptions for this kind of thing.

Consider yourself to be collateral damage of the children in Congress...

[pontevecchio]

What is "PTO"?

[ajaysharma]

@sp.dev - my personal view is that you might have a problem as you're not a employee of the federal government.

 

My thinking:

 

if you are not directly a federal employee, but a contractor to the federal government, I would imagine your case is no different to, say, someone working for a ********* which does a project for, say, ********* . If ********* files for bankruptcy, then can ********* not pay you because you're on a ********** project? I think not. Similarly, it's your employers responsibility to pay you regardless of the situation with their client.

 

I would say consult with a good attorney on the impact and understand all implications (for e.g. of being briefly out-of-status, or how to explain gap etc.). My sense is that this won't be a huge issue. You can always explain the gap because you have a strong reason, and it's unlikely the government shutdown will last so long that you will be without paychecks for months. In any case, talk to a lawyer because we're all armchair experts here ;)

[omshiv]

Hmm that should be interesting...will follow this topic..

[omshiv]

Not sure, since you are on H1B and with the Gov shutting down, you can use only the Paid leave until that runs out..after that I believe your employer cannot pay you.

 

I also work for the Feds in DC..our employer asked us to use the Vacation leave and once thats over it will be Unpaid leave...but since we are on GC it wont affect me...wonder what's the policy for H1B holders.

[rohang]

I think you employer is trying something which is incorrect. He should be paying you, unpaid leave cannot hide that he is not willing to pay. This tells lot about ur company.

[jairichi]

What is "PTO"?

Paid time off